European Gliding Union

Status ofthe Harmonisation of the European Regulations in Light Aviation Roland STUCKEGU PresidentNorwegian Gliding DaysElverum 28 October 2006

European Gliding Union Founded in 1993 20 members 70,000 pilots 22,000 gliders Deals 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 powerof 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 and to the EP

LicensingThe Counciland the Parliament answers • Recently the Parliament Working Group agreed with COM 579 • However the Council of Ministers disagrees with parts of the proposal • They agreed to create a „Leisure pilot licence but they turned down the proposal allowing issuing medical certificate by a general medical practionner • They also turned down the proposal to have assessment bodies approved by the EASA (power battle!) • Thus there is a conflict between the EP and the Council could lead to a second reading at the Parliament (final decision postponed!)

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 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

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

Airspace The Single European Sky Project • In 2003 Eurocontrol was given a mandate by the EU to harmonise the airspace structure in Europe in the future there will only be 3 categories of airspace: I(ntended), K(nown) and U(nknown), later I and U only • The EGU was involved in the discussions and has sent a position paper • Upper Division Level: FL 195. According to ENPRM 05-0012 the airspace above FL 195 is Class C in most countries (i.e open to VFR flying) • Lower Division Level (FL Z): decided on national basis => Status Quo

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: • EASA is understaffed (low priority for airsports) • 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

European Gliding Union