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New European Regulation Proposals in Light Aviation update J an Fridrich Vicepresident LAA ČR , foreign affairs, industry and internal audit EHPU Annual Meeting, Zurich 1. March 2008. European Aviation Environment. EUROPEAN UNION. Evropean Parliament The Council of the European Union
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New European Regulation Proposalsin Light AviationupdateJan FridrichVicepresident LAA ČR , foreign affairs, industryand internal auditEHPU Annual Meeting, Zurich 1. March 2008
European Aviation Environment EUROPEAN UNION • Evropean Parliament • The Council of the European Union • European Commission • EASA – European Aviation Savety Agency • Regulation (EC) 1592/2002 • Annex II of Regulation 1592/2002, which defines aircraft exempted • from EASA responsibility – these are in Member States • juristiction • EASA Working Groups (MDM032, M017, atd.) • Eurocontrol
European Aviation Environment EUROPEAN ORGANISATIONS • EAS – Europe Air Sports • EMF – European Microlight Federation • EGU – European Gliding Union • EHPU – European Hang Gliding and Paragliding Union • IAOPA – International Council of Aircraft Owner and Pilot Associations • ECOGAS –European Council of General Aviation Support • NAA –National Aviation Authority ACTIVE EUROPEAN LIGHT MANUFACTURER ORGANISATION IS MISSING!!
European Aviation Environment DEPENDS ON YOUR COUNTRY ussually will be: • Your country Government • Ministry of Transport • Civil Aviation Agency • Ministry of Industry • Ministry of Defence • Air Accident Investigation Bureau • Air Traffic Control Agency • National Aeroclub • Sport Orgianisations
Basic facts about European Union The European Union (EU) is a family of democratic European countries, committed to working together for peace and prosperity. Its member states have set up common institutions to which they delegate some of their sovereignty so that decisions on specific matters of joint interest can be made democratically at European level. EU represents today 27 countries with 490 milions inhabitents More info in different languages at http://europa.eu/index_en.htm
Organisation of EU • The European Parliament • The Council of the EU • The European Commission • Court of Justice • Court of Auditors • European Economic and Social Committee • The Committee of the Regions • The European Central Bank • The European Investment Bank
Organisation of EU The European Parliament: Voice of the people • elected every five years by the people of Europe . • The present parliament, elected in June 2004, • it has 785 members from all 27 EU countries • The main job of Parliament is to pass European laws • It shares this responsibility with the Council of the EU • the proposals for new laws come from the European Commission • Parliament and Council also share joint responsibility for approving the EU’s €100 billion annual budget.
Organisation of EU The European Parliament: Voice of the people • it has the power to dismiss the European Commission • Members of the European Parliament (MEPs) do not sit in national blocks, but in seven Europe-wide political groups • The main meetings of the Parliament are held in Strasbourg, others in Brussels. • Like all other EU institutions, it works in all 23 official EU languages. • The Parliament elects the European Ombudsman, who investigates citizens’ complaints about maladministration by the EU institutions.
Organisation of EU The Council of the EU: Voice of the Member States • shares with Parliament the responsibility for passing laws and taking policy decisions • It also bears the main responsibility for what the EU does in the field of the common foreign and security policy and for EU action on some justice and freedom issues. • The Council consists of ministers from the national governments of all the EU countries • Meetings are attended by whichever ministers are responsible for the items to be discussed: foreign ministers, ministers of the economy and finance, ministers for agriculture and so on, as appropriate.
Organisation of EU The Council of the EU: Voice of the Member States • Each country has a number of votes in the Council broadly reflecting the size of their population • votes are weighted in favour of smaller countries • Most decisions are taken by majority vote • sensitive issues in areas like taxation, asylum and immigration, or foreign and security policy, require unanimity. • Up to four times a year the presidents and/or prime ministers of the Member States meet as the European Council • These ‘summit’ meetings set overall EU policy.
Organisation of EU The European Commission: Promoting the common interest • The European Commission represents and upholds the interests of Europe as a whole • It is independent of national governments • It drafts proposals for new European laws, which it presents to the European Parliament and the Council • It manages the day-to-day business of implementing EU policies and spending EU funds • The Commission also keeps an eye out to see that everyone abides by the European treaties and laws. • It can act against rule-breakers, taking them to the Court of Justice if necessary.
Organisation of EU The European Commission: Promoting the common interest • The Commission consists of 27 women and men — one from each EU country • They are assisted by about 24 000 civil servants, most of whom work in Brussels • The President of the Commission is chosen by EU governments and endorsed by the European Parliament • The other commissioners are nominated by their national governments in consultation with the in-coming President, and must be approved by the Parliament • They do not represent the governments of their home countries • Instead, each of them has responsibility for a particular EU policy area.
European Aviation Safety Agency EASA • In July 2002 the EU Council and Parliament have 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 is operational since September 2003 • EASA is located in Cologne • Staff: 350 people • Website:www.easa.eu.int
The Basic Regulation 1592/2002 • The Basic regulation of EASA is Regulation (EC) 1592/2002 • Basic regulations are not converted into national laws and apply directly • 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)
Chronological order of EASA tasks • 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 1592/2002 • Defines the aircraft excluded from the Regulation 1592/2002 • These aircraft remain under national jurisdiction
Rulemaking • 3 types of regulation: • Basic Regulation (1592) with 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)
Existing regulation structure A N N E X II
Rulemaking Procedure • For any change in Reg 1592 (Essential Requirements), EASA must issue a Notice of Proposed Amendment (NPA) and/or a Regulatory Impact Assessment (RIA) • Stakeholders (we!) must be consulted • Evaluation of the answers by an independent WG • EASA issues a Comment Response Document (CRD) • Stakeholders may comment again • EASA issues an Opinion (draft of the new regulation) which is submitted to the European Commission • The Commission issues a communication to the Council of Ministers and to the European Parliament, stating if they accept or reject the proposal • If accepted the amendment is submitted to the Council and to the Parliament (Co-decision process) • Publication of the new regulation in the Official Journal of EU • Process looks like democratic but it is very time consuming!
Working Group MDM032 • MDM032 ( Multi Disciplinary Measure) was created by EASA at the end of 2005 • The task is to prepare the concept for the regulation of aircraft other than complex motor powered aircraft, used in non commercial activities • Air sports are represented in the working group • 17 members + secretary • EASA, EAS, ECOGAS, IAOPA and NAA are represented • EAS is represented by: • Rudi Schuegraf,– EAS Program Manager • Hans Akerstedt - Baloons • Jan Fridrich – EMF • Bertrand Taddei - EMF • Graham Newby – PFA • David Roberts – EGU • Roland Stuck - EGU
Working Group MDM032 Tasks: • Develop the concept of a regulation for these aircraft (similar to LSA ?) • Develop Implementation Rules for the recreational PPL • Develop Implementation Rules 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
Work of MDM032 • 16working 2-3 days meetingssince March 2006 • At the beginning there was a lot of enthusiasm • At the first meeting we were told we were in front of a blank sheet of paper. « Do not refrain to be creative… » • Brain storming phase • Most of the members prepared and presented their proposals • We lost much time in finding an appropriate procedure • Most of the discussion was about Initial Airworthiness and fighting for 600kg LSA category • Scope of view has been more and more restricted • Result: in August EASA issued A-NPA 14-2006 with the first proposals
A-NPA 14 – proposed options Initial airworthiness – 3 options • relaxation of the existing system design of all aircraft with MTOM < 2000 kg remains fully under EASA control. • industry monitoring most of EASA duties from option 1 will be transferred to the manufacturers. EASA will keep the rightto issue airworthiness directives in order to solve dangerous situations which were not cared properly by the designer • industry monitoring with self declaration This variant is based on Option 2, but it is introducing new subcategory for aircraft with MTOM les than 750 kg. For this weight limit the designer can declare conformity with existing Industry standards..
A-NPA 14 – Evaluation • 4400 answers were received (mail box filling!) • Entering in a data base • In general agreement with the proposals Reorientation of the work for MDM032 - Modification of the ToR of MDM 032 (ToR –Terms of Reference) - Creation of a subgroup Recreational licensing (RS) - Creation of a subgroup Non JAR (ICAO) licensing (PP) - Creation of a subgroup Ops (DR) - Creation of a subgroup Certification - Creation of a subgroup for LSA like a/c • Finalisation of the proposals • NPA to be published at November 2007
MDM032 Proposals Initial Airworthiness - Certification • Analysis of the comments to the A-NPA: • a preference for Option 1 for aircraft up to 2000 kg • a preference for Option 3 for thelower end of the weight • spectrum, relating more to the LSA, VLA and sailplane • categories. • Therefore it is proposed a solution close to Option 3 for aircraft below 1000 kg and nearer to Option 1 for aircraft between 1000-2000 kg. • new process for the European Light Aircraft (ELA) is proposed • ELA is not a category it is a certification process! • for non-complex aircraft
MDM032 Proposals Initial Airworthiness - Certification ELA 2 simplified processforaircraft with MTOM <2000 Kg - Alternative Procedures to DOA will apply although the applicant may elect to have a higher design approval. - possibility to have combined DOA and POA Applicable to: • A non-complex aeroplane with MTOM less than 2000kg • A balloon • A hot-air airship • A non-complex gas airship not more than 7500 m3 maximum design lifting gas volume • A very light rotorcraft • An engine installed in aircraft referred to in this paragraph • A propeller installed in aircraft referred to in this paragraph.
MDM032 Proposals Initial Airworthiness - Certification ELA 1 Substantially simplified processes for aircraft with MTOM < 1000 Kg Applicable to: • A non-complex aeroplane, sailplane or powered sailplane with a Maximum Take-Off Mass (MTOM) less than 1000kg • A balloon with a maximum design lifting gas or hot air volume of not more than defined volumes… • An airship designed for not more than two occupants and a maximum design lifting gas or hot-air volume of not more than defined volumes… • An engine installed in aircraft referred to in this paragraph • A propeller installed in aircraft referred to in this paragraph
MDM032 Proposals Initial Airworthiness - Certification ELA 1 Substantially simplified processes for aircraft with MTOM < 1000 Kg • Qualified entities (QE) carry out most of the functions currently carried out by EASA/NAA - Approval of certification programme by EASA (competent authority or QE) in lieu of DOA or alternative procedure to DOA - EASA will issue design approval documents (TC major mods approval, STCs) on the basis of recommendation from QEs - QE for design issues are appointed by EASA (may be specialised) - QEs supervise design and production, issue CofA and audit design production organisation - Industry standards may be used for design and production (ASTM International F2245, OSTIV…)
MDM032 Proposals Initial Airworthiness - Certification ELA 1 Substantially simplified processes for aircraft with MTOM < 1000 Kg • Applicant for Type Certificate can choose from the following design codes: - CS-23 – normal category aircraft - CS-22 - sailplanes - CS-VLA – VLA aircraft MTOM 850kg and 3 persons on board - CS-LSA – LSA airplane up to MTOM 600kg, max. two seats stall speed in landing configuration 45kt CAS, no limitation on propeller and undercarriage, possibility to use ASTM International F2245
MDM032 Proposals Maintenance • A relaxation of Part M has been worked out by the working group M 017 under supervision of MDM 032 • Mission: - Evaluation of the answers to NPA 07-05 CRD (ie answers to 1,5 years old questions!!!) - Simplification of Part M • In May 2007 EASA published the CRD of NPA 07-05 • In June 2007 EASA published NPA 2007-08 which is a combined NPA on Part M and Pilot Owner Maintenance (144 pages !) • Creation of a Part 66 « light » licenses
MDM032 Proposals Maintenance Proposals included in the NPA 2007-08 with deadline for answering 13.October 2007 • Unsuitable for sports and recreational aviation • LAA and EMF rejected in their answers implementation of Part M for aircraft at least in ELA 1 process • We consider current maintenance process used in the microlight world which is based on owner maintenance according to the maintenace manuals issued by aircraft manufactrures with inspections by association technical inspectors is sufficient
MDM032 Proposals Licensing – not approved yet! • Creation of a Light Aircraft Pilot License / LAPL • LAPL categgory rating: - LAPL (A) – for airplane - LAPL (G) – for gliders - LAPL (B) – for baloons - LAPL (H) – for helicopters • Common theoretical syllabus • Cross crediting of hours • Modular approach • Bridge to PPL • Minimalage16 years
MDM032 Proposals Licensing – not approved yet! LAPL(A) – proposal not yet approved by EASA: Basic LAPL(A) • for aeroplanes are to fly single engine piston aeroplanes or touring motor gliders (TMG) with a maximum certificated take off mass of 2000 kg or less • carrying a maximum of 1 passenger • in local flights within no more than 50 KM from the aerodrome of departure, with no intermediate landings • Training Applicants for the Basic LAPL(A) shall have completed at least 20 hours of fligth instruction in aeroplanes or TMG, including at least: - 10 hours of dual instruction - 4 hours of supervised solo flight time - 3 hours of navigation training
MDM032 Proposals Licensing – not approved yet! LAPL(A) – proposal not yet approved by EASA: LAPL(A) • for aeroplanes are to fly single engine piston aeroplanes or TMG with a maximum certificated take off mass of 2000 kg or less • carrying a maximum of 3 passengers, such that there are never more than 4 persons on board of the aircraft • Training Applicants for a LAPL(A) shall have completed on aeroplanes or TMG at least : - 15 hours of dual instruction and - 6 hours of supervised solo flight time, including at least 3 hours of solo cross-country flight time with at least 1 cross-country flight of at least 150 km, during which 1 full stop landing at an aerodrome different from the aerodrome of departure shall be made
MDM032 Proposals Licensing – not approved yet! LAPL(A) – proposal not yet approved by EASA: LAPL(A) • Training Applicants for a LAPL(A) holding a Basic LAPL(A) shall undertake a course of training consisting of at least 10 hours flight instruction, including at least: - 6hours of dual instruction, - 3 hours of supervised solo flight time, including 1 cross-country flight of at least 150 km, during which 1 full stop landing at an aerodrome different from the aerodrome of departure shall be made
MDM032 Proposals Licensing – not approved yet! Medical assessment (proposal by DR Hunter): • Examination by a doctor (AME or General Medical Practitioner) • Doctor’s qualifications are defined • A medical report form details the standard • Form consists of yes/no responses, data can be easily managed on a computer data base • The examination does not need aviation medicine speciality • Knowledge of patient history or verification • Declaration of truth by the pilot • Periodicity lighter than ICAO Class 2(one single examination if age below 45, every 5 years between 45-65, yearly over 65) • Standards not higher than ICAO Class 2
MDM032 Proposals Licensing – not approved yet! When will all this become effective? • Depends on the political process (adoption of COM 579) • Assuming the Parliament and the Council will agree in March 2008 (second reading) the timeschedule could look like this: • - 3 months consultation period for the NPA - June 2008- 2 months to prepare CRD - Sep 2008- Opinion published - Jan 2009- Regulation effective - Jan 2010
MDM032 Proposals Operations • Essential Requirements (ER) for Opsare sufficient. There will be Implementation Rules (IR) only for: - COM/NAV Equipment - Safety Equipment - Fuel reserves for powered aircraft • Problems with activities which may be considered as semi- commercial or aerial work (aero towing, sight-seing flights… also with training flights and hiring..)
Conclusion • EASA has a positive attitude towards Air Sports • They accept EASas competent partner • They are ready to accept some degree of self management but: • The regulative process is slow • We are in the middle of a power battle between NAAs and EASA • We need more lobbying at the Parliament and at the Council level
What does it mean for us • EASAsolution: • Better for those ho are currently under NAA systems • Complicated system, not suitable for small companies • definition of commercial activities needs to be changed • Part M as currently proposed is unusable for light aviation • not sure if the whole system – certification, maintenace, licencing and operations will work as complete system for light aviation No solution will come to force earlier than by the end of 2009!
I just hope that we will not end up as the pilot on the picture.. Thank You for Your attention! WWW.LAACR.CZ