Vznam novch evropskch predpisu pro LAA

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New European Regulation Proposals in Light
Aviationupdate Jan FridrichVicepresident LAA
CR , foreign affairs, industryand internal
audit EHPU Annual Meeting, Zurich 1. March 2008

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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

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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!!
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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

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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
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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

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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 EUs 100
  billion annual budget.

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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.

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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.

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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.

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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.

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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.

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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

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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)

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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

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Annex II of Regulation 1592/2002

• Defines the aircraft excluded from the Regulation
  1592/2002
• These aircraft remain under national jurisdiction

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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)

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Existing regulation structure
A N N E X II
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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!

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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

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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

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Work of MDM032

• 16 working 2-3 days meetings since 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

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A-NPA 14 proposed options

• Initial airworthiness 3 options
• relaxation of the existing system
• design of all aircraft with MTOM lt 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..

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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

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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 the lower 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

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MDM032 Proposals
Initial Airworthiness - Certification
ELA 2 simplified process for aircraft with MTOM
lt 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.
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MDM032 Proposals
Initial Airworthiness - Certification
ELA 1 Substantially simplified processes for
aircraft with MTOM lt 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
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MDM032 Proposals
Initial Airworthiness - Certification
ELA 1 Substantially simplified processes for
aircraft with MTOM lt 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)
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MDM032 Proposals
Initial Airworthiness - Certification
ELA 1 Substantially simplified processes for
aircraft with MTOM lt 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
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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

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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

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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
• Minimal age16 years

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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

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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

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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
• - 6 hours 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

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MDM032 Proposals
Licensing not approved yet!

• Medical assessment (proposal by DR Hunter)
• Examination by a doctor (AME or General Medical
  Practitioner)
• Doctors 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

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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

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MDM032 Proposals
Operations

• Essential Requirements (ER) for Ops are
  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..)

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Conclusion

• EASA has a positive attitude towards Air Sports
• They accept EAS as 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

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What does it mean for us

• EASA solution
• 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!
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I just hope that we will not end up as the pilot
on the picture.. Thank You for Your
attention! WWW.LAACR.CZ