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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.

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

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  1. 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

  2. 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 - EASA

  4. I. The institutional and legal framework IASL/REMAT - Montreal, Canada - EASA

  5. European Union and EFTA countries 27 EU states 4 EFTA states IASL/REMAT - Montreal, Canada - EASA

  6. How the European Union works Supranational INTERGOVERNMENTAL IASL/REMAT - Montreal, Canada - EASA

  7. The institutions European Council Council of the European Union European Court of Justice European Parliament European Commission EASA IASL/REMAT - Montreal, Canada - EASA

  8. 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) IASL/REMAT - Montreal, Canada - EASA

  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) IASL/REMAT - Montreal, Canada - EASA

  10. The EU aviation safety system Proposes rules Issues some certificates and approvals Performs inspections Manages European Aviation Safety Programme European Aviation Safety Agency European Commission Adopts rules Launches infringement procedure Manages Safety List National Aviation Authorities Issue most certificates, approvals and licences Oversee organisations Implement EU law Industry IASL/REMAT - Montreal, Canada - EASA

  11. The European Aviation Safety Agency • European Union Agency • Technically independent • Legal and financial autonomy “Ever safer and greener civil aviation” IASL/REMAT - Montreal, Canada - EASA

  12. About EASA Mr Patrick KY from 1.9.2013 IASL/REMAT - Montreal, Canada - EASA

  13. Scope Economic regulation Operations & FCL 3rd Country Operations ATM/ANS Aerodromes Airworthiness Performance regulation Safety regulation total System approach Interoperability regulation IASL/REMAT - Montreal, Canada - EASA

  14. Regulatory Structure Agency Opinion European Commission European Council European Parliament Basic Regulation Implementing Rules Agency Opinion European Commission Agency Decision AMC, GM, CS Soft Law Acceptable Means of Compliance Guidance Material Certification Specifications IASL/REMAT - Montreal, Canada - EASA

  15. Current Regulations Basic Regulation (EC) No 216/2008 Airworthiness Flight Standards ATM/ANS Initial Airworthiness Continuing Airworthiness Air Crew ANS Providers OPS Air Traffic Controllers Licences ATM/ANS Oversight AUR and ACAS II SERA IASL/REMAT - Montreal, Canada - EASA

  16. Advantages IASL/REMAT - Montreal, Canada - EASA

  17. Soft Law Basic Regulation Implementing Rules Soft Law Acceptable Means of Compliance Guidance Material Certification Specifications IASL/REMAT - Montreal, Canada - EASA

  18. Legislator Commission Agency Transfer of powers from MS’s to EC. Essential Requirements (ER’s) Specifying the safety objectives. Implementing Rules (IR’s) = binding standards to implement BR& ER’s. CS, AMC, GM = non-binding standards to implement ER’s and IR’s. Who decides what? IASL/REMAT - Montreal, Canada - EASA

  19. Standards IASL/REMAT - Montreal, Canada - EASA

  20. Move towards standards STANDARDS ACCEPTABLE MEANS OF COMPLIANCE GUIDANCE MATERIAL CERTIFICATION SPECIFICATIONS IASL/REMAT - Montreal, Canada - EASA

  21. General Criteria for Participation IASL/REMAT - Montreal, Canada - EASA

  22. Organisations IASL/REMAT - Montreal, Canada - EASA

  23. II. EASA’s Roles in Certification IASL/REMAT - Montreal, Canada - EASA

  24. EASA’s role in the EU • EASA is a Technical Agency of the EU • EU Aviation Authority for Safety and Environment • By EU law, EASA: • Proposes EU-Aviation Regulations • Certifies Aircraft, Parts and Appliances • Standardises Organisations • Accredits EU Authorities • Maintains Oversight IASL/REMAT - Montreal, Canada - EASA

  25. Certification Process Design Organisation Approval IASL/REMAT - Montreal, Canada - EASA

  26. Types Certificates • Permits to Fly may be granted for Test Flights • Flight Conditions are approved by EASA • Permits to Fly are granted by MS based on FCs • Annex II Aircraft under full oversight of Member States • Restricted Type Certificates may be granted • for limited series and contingent operations • when Essential Requirements cannot be met IASL/REMAT - Montreal, Canada - EASA

  27. III. Status and Proposed Approaches IASL/REMAT - Montreal, Canada - EASA

  28. 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 IASL/REMAT - Montreal, Canada - EASA

  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 • Member States with EASA involvement: • EASA cooperates with MS to ensure safety/environment and foster harmonisation • Association of States (=JARSOA): • International, with EASA participation • Rules to be implemented at National Level • EU Policy for SOA (=UAS): • Guidance to MS, Designers, Manufacturers and Operators • No legal framework IASL/REMAT - Montreal, Canada - EASA

  30. Proposed Approaches (2/2) • “Light” Process • Essential Requirements • National Implementing Rules and Technical requirements • No full harmonisation, responsibility with MS • Full set of Rules for SoA • Following EASA established rules and processes • With provisions for High Altitude/High Speed Transportation Aircraft (HST) • Phased approach (e.g: 1+2+3+4+5) • Progressive implementation along with projects development • Full set of rules published at maturity • 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) IASL/REMAT - Montreal, Canada - EASA

  31. The European Commission is currently reviewing options Development will start as soon as decision is taken Actual Work on SoA has started! IASL/REMAT - Montreal, Canada - EASA

  32. IV. Proposed Cooperation IASL/REMAT - Montreal, Canada - EASA

  33. EU Context • CAA-UK/UKSA • Roadmap <31 March 2013 • First Meeting with Industry 30 April 2013 • EASA participating in Review Group • Rules to accommodate SoA <31 March 2014 • CAA-Sweden • Initial Contacts in 2009 • Update on Governmental Action to host SoA under a special regime • Monitoring IASL/REMAT - Montreal, Canada - EASA

  34. International Context • ICAO • Working Arrangement initialled on 17 May 2013 in Cologne on Continuous Monitoring Activities between EASA and ICAO • FAA • Permanent contacts at working level • Official Cooperation to be started with FAA/FAA-AST • Harmonisation on ER+Technical Requirements • Scope limited to SOA (not rockets) • CAAS • EADS-Demonstrator 2014 in Changi • Rules to accommodate SoA <2018 IASL/REMAT - Montreal, Canada - EASA

  35. Proposed Cooperative Framework (1/2) • Under the frame of ICAO/UNCOPUOS • ICAO Concept of Sub-orbital flights C-WP/12436 of 2005 • Letter to UNCOPUOS 17 March 2010 • Next ICAO General Assembly Oct 2013 • UNCOPUOS Legal Subcommittee • Conference Room Paper A/AC.105/C.2/2010/CRP.9 • In full coordination with • European Commission • EU-Member States • In cooperation with FAA-HQ and –AVS • E.g.: Safety Management Systems • Possible future Extension of BASA to SoA IASL/REMAT - Montreal, Canada - EASA

  36. Proposed Cooperative Framework (2/2) • On Essential Requirements • Based on EASA Basic Regulation ERs, adapted • Could be also based on 14.CFR.400 series • On Technical Requirements • Based on respective projects • Following a CS+AMC/GM structure • Taking into account existing Standards IASL/REMAT - Montreal, Canada - EASA

  37. V. Conclusions IASL/REMAT - Montreal, Canada - EASA

  38. 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 IASL/REMAT - Montreal, Canada - EASA

  39. Conclusions (2/3) • An EU-framework exist • Actual Work on SOA has started • Option to be decided soon IASL/REMAT - Montreal, Canada - EASA

  40. 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 IASL/REMAT - Montreal, Canada - EASA

  41. Questions? Thank you for your attention! IASL/REMAT - Montreal, Canada - EASA

  42. Thank you for your attention Do not hesitate to contact us for any further information EASA Focal Point: jean-bruno.marciacq@easa.europa.eu

  43. Backup Slides Thank you for your attention! IASL/REMAT - Montreal, Canada - EASA

  44. 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. IASL/REMAT - Montreal, Canada - EASA

  45. All aircraft are in the EASA competence except… • those listed in Annex II of the Basic Regulation: • Historic aircraft • Research, experimental or scientific aircraft • Amateur built • Former 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… IASL/REMAT - Montreal, Canada - EASA

  46. EASA’s Role in Certification • (EU)216/2008 (EASA Basic Regulation) Article 3: • ‘Certification’ shall mean any form of recognition that a product, part or appliance organisation or person complies with the applicable requirements… • ‘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) IASL/REMAT - Montreal, Canada - EASA

  47. 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 years • General Aviation/Non Complex Aircraft: <3 years • Certification is financed by Fees and Charges (EC)593/2008 • Indexed yearly on June 1st • based 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 kN • Flat Fee: 365.000 € • Yearly fee: 40.000 € for EU design, 13.000 € for non EU designs IASL/REMAT - Montreal, Canada - EASA

  48. 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 IASL/REMAT - Montreal, Canada - EASA

  49. 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 1st Layer: The Basic Regulation • The Parliamentand the Council define the Scope of Powers transferredfrom the Member Statesto the EU • They adopt the Essential Requirements (ERs) specifying the safety objectives to be met IASL/REMAT - Montreal, Canada - EASA

  50. Regulation (EC) 748/2012 on Airworthiness and Environmental Certification Regulation (EC) 2042/2003 on Continuing Airworthiness Section A: Application Requirements Annex I (Part-M): Continuing Airworthiness Requirements Section A: Technical Requirements Annex (Part 21) Section B: Procedures for Competent Authorities Section B: Administrative Procedures Appendices: EASA forms Annex II (Part-145): Maintenance Organisation Approvals Appendices: EASA forms Annex III (Part-66): AML Annex IV (Part-147): Training Organisation Requirements 2nd Layer: Implementing Rules,e.g. for airworthiness • The Commission adopts measuresfor implementing the Essential Requirements • Legally binding • Directly applicable by EU persons • Processes (no technical details) • Responsibilities and privileges IASL/REMAT - Montreal, Canada - EASA

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