EAS and the harmonisation of regulations of light aviation in Europe

1. EAS and the harmonisation of regulations of light aviation in Europe Roland STUCK GENERAL MEETING EUROPE AIR SPORTS Cologne 25 and 26 March 2006

2. European Aviation Safety Agency (EASA) • In July 2002 by the EU Council and Parliament have decided to apply common rules to aviation • Objectives: ensure a high and uniform level of protection of the European citizen and facilitate free movement of goods persons and services • Basic regulation of EASA is Regulation (EC) 1592/2002 • EASA regulations are not converted into national laws and apply directly • EASA is operational since September 2003 • EASA is located in Cologne • Website: www.easa.eu.int

3. The Basic Regulation 1592 • Principles (scope, objectives, definitions) • Substantive requirements (basic principles, applicability, airworthiness, environmental protection, operations and licensing, recognition of certificates, etc…) • Organisation of EASA (methods, financial requirements, final provisions) • Scope of Reg 1592 initially restricted to airworthiness and environmental compatibility • has been recently extended to licensing and operations. An amended Reg 1592 (COM 579) will be submitted to the EP

4. Annex II of Regulation 1592 • Aircraft excluded from the European regulations: • a/c with clear historic relevance • Amateur built a/c • ex Military a/c • Aeroplanes <2seats ( MTOM <300/450 kg ( + 5%) • Gliders with structural (maximum empty) mass <80 kg /100 kg • In (2005) COM 579 the Commission asks EASA to investigate if certain types of ultra light aircraft should be subject to European Rule • Important: in the new version of Reg. 1592 the exemption also applies to licensing and operations

5. Rulemaking Procedures • Rulemaking Directorate (Dir. C. Probst) • Essential Requirements (ER), adopted by the EP • Implementing Rules (IR), adopted by the EC • For any change EASA must issue a Notice Per Amendment (NPA) • 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 new regulation) which is submitted to the EC • The EC issues a communication to the Council and to the EP, stating if they accept the proposal • Publication of the new regulation in the OJ • Regulations may be complemented by AMC and GM

6. Tasks of EASA(chronological order) • Certification (initial airworthiness) • Maintenance (continuous airworthiness) • Licensing (pilot proficiency) and medical • Operations • Long term: Airport Operations • Long term: Air Traffic Services

7. Certification • Regulated by Regulation (EC) 1702/2003 which is already in force. Comprises: • Part 21 • Certification Specifications (airworthiness codes) • EASA forms • AMC and GM • The JAR airworthiness codes have been taken over: JAR 23 -> CS 23, JAR 22 -> CS 22, JAR VLA -> CS VLA • Benefit: an aircraft certified in one country is certified de facto in all other EU countries

8. Maintenance • Regulated by Regulation (EC) 2042/2003 which comprises 4 Annexes: • Annex I: Part M Airworthiness of a/c < 5.7 Tons • Annex II: Part 145 Maintenance organisations for commercial transport • Annex III: Part 66 Maintenance licences • Annex VI: Part 147 Training organisation • AMC and GM • Application of Part M postponed to 28 September 2008 (most NAA opted out) • Based on concept of continuing airworthiness

9. MaintenancePrinciples of Part M • The owner is responsible that the aircraft is maintained in airworthy condition. He may also delegate this responsibility to a Continuing Airworthiness Management Organisation • A Pilot-Owner is allowed to perform limited maintenance tasks and to issue a release to service (CRS) for these tasks • Every aircraft shall be maintained in accordance with a maintenance programme approved by the Competent Authority • The Certificate of Airworthiness is not time limited if associated with a valid Airworthiness Review Certificate (ARC) • Repairs shall be carried out using data approved by the EASA or by an approved design organisation (DOA)

10. Maintenance The problems Part M • Part M is not adapted to the simplicity of light aircraft • Mechanics must be Part 66 licensed • Maintenance program required for each individual a/c • Flight hours to be reported regularly if Subpart F and G are separated • Written orders to be issued for maintenance work • More paperwork for getting an ARC in the uncontrolled environment (2 procedures) • The result: Part M will dramatically increase the bureaucratic and financial burden of sport aviation!

11. Maintenance The consultation process • End of 2004 a Regulatory Impact Assessment (RIA) of Part M was conducted by Air Euro Safe • EAS met the RIA people in Braunschweig and explained them our worries • EAS (and other organisations) sent their written comments • Meeting with P.Goudou in Friedrichshafen • In June 2005 EASA has issued NPA 07-05 : Only few of our comments were accepted and only minor changes were proposed • EAS set up a Task Group in charge of preparing the answer to the NPA ( leaded by Jannes Neumann) • EAS (and many other organisations ) heavily criticized part M in their answer to the NPA.

12. Maintenance The EAS action • EAS organised a workshop with EASA representatives on 4 and 5 Nov 2005 in Cologne • Most delegates of the various air sports clearly rejected Part M. • Sir John Allison, Pdt of EAS, met M. Probst after this meeting • As a result EASA have accepted to re-discuss Part M and have set up a working group in charge of “rethinking the implementation means today applied in airworthiness” (see below MDM 032)

13. LicensingThe consultation process • In May 2004 EASA published the NPA 2/2004, with a draft of ER Licensing and 15 questions to the ‘stakeholders‘ • Only few of these questions concerned air sports: • For which categories of aircraft shall the pilots licences be regulated? • Shall only Essential Requirements (ER) be written or also Implementing Rules (IR)? • What kind of Medical shall apply?

14. Licensing The EAS proposal • EAS proposed an EU-licence for sport aviation • that allows free movement across Europe. • Air sports organisations should be allowed to issue this licence. • Medical standard may be different from the ICAO Classand FCL standards • Assessment by General Practitioner • A similar proposal was made by EGU

15. LicensingThe EASA answer • End of November 2004 EASA published CRD 2/2004: • They proposed to introduce a "Restricted PPL" for air sports. • In this case General Practitioners (GP) could be suitable examiners via Implementing Rules. • However flight in airspace with a high traffic density could be restricted. • EAS 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

16. LicensingThe Commission answer • End of November 2005 the Commission published their answer 2005(COM 579) • They accepted to create „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. Sports federations could for example fulfil this function“ • For recreational pilots „the medical certificate may be issued by a general medical practitioner“ • The amended Reg 1592 is now submitted to the Council and to the EP • A working group has been set up to draft the IRs (see MDM 032). The draft is due September 2007

17. Operations • In NPA 2/2004 EASA has also published Essential Requirements on Operations • EAS has asked EASA to keep the Implementing Rules for sport aviation at a high level (no details) • In their Opinion EASA accepted to keep the IRs at high level ( JAR Ops 0) for all air sports • In COM 579 the Commission has endorsed this proposal which is included in the new version of Reg 1592 submitted to the Council and to the EP • A working group has been set up to draft the IRs (see MDM 032) The draft is due September 2007

18. MDM 032 • EASA published recently the Terms of Reference of 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 tasks of MDM 032 Develop an overall concept of a regulation for these aircraft 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

19. MDM 032Timescale • Start of work March 06 • Interim report on the concept July 2006 ( A-NPA) • Opinion to modify Reg 1592 to introduce the new concept airworthiness, March 2007 • Opinion to modify airworthiness not linked to the change to Reg 1592: March 2007 • Elements for NPA for IR for RPPL: September 2007 • Elements for NPA for IR for operations: September 2007 • NPA to change airworthiness IR and associated AMC linked to change in Reg 1592:September 2007

20. MDM 032List of Experts • Leroy Alain EASA Certification ( Chairman) • Altmann Jürgen EASA(Secretary) • 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 • Barrat Reiner Christie CAA Norway • Le Cardinal Hugues DGAC France • Forbes Graham CAA UK • Morier Yves EASA Rulemaking • Sivel Eric EASA Rulemaking

21. Conclusion • The action of EAS has resulted in a change of attitude of EASA about Part M • With MDM 032 we have a unique opportunity to get a more liberal regulation of air sports in Europe • We need more people to do the work!