eats 2009 evolving european regulatory environment

EATS 2009

Evolving European Regulatory Environment

Prague10-11 November 2009

Jean-Marc CluzeauEASA Rulemaking Directorate

European Aviation Safety Agency

The FCL NPA

European Aviation Safety Agency

NPA 2008-17 FCL

New rules based on JAR-FCL 1 (Aeroplane)JAR-FCL 2 (Helicopter)JAR-FCL 3 (Medical)

New licenses forballoonssailplanesairships

Light Aircraft Pilot Licence

European Aviation Safety Agency

Comment period

NPA closed for comments in February 2009

ca 11.000 comments received

Comment Response Document expected in March 2010

Opinion expected August 2010

Medical ca 3 months later

European Aviation Safety Agency

Top 7 issues in the FCL NPA

Basic LPLMedical for the LPLProficiency check for private licences (LPL and PPL class ratings)Balloon licence (commercial privileges and age limit for CAT)Acceptance of 3rd country licencesMedical: Involvement of national CAA in contentious casesTraining outside Europe

European Aviation Safety Agency

Top 7 issues in the FCL NPA

Basic LPLComments received indicate that the level of training proposed is not consensualThere are also questions related to the privileges givenThis was discussed with the FCL review groupThe Agency is still evaluating the issue

European Aviation Safety Agency

Top 7 issues in the FCL NPA

Medical for the LPLComments received on:

The level of the aeromedical requirements The validity period of the medical certificate The competence and qualifications of GMP The guidance and AMC provided on this issue

This was discussed with the FCL review groupThe Agency is still evaluating these issues

European Aviation Safety Agency

Top 7 issues in the FCL NPA

Proficiency check for private licences (LPL and PPL class ratings)

Comments received indicate that the GA community considers the requirement too burdensome / restrictive and proposes as alternative additional training hours

This was discussed with the FCL review group

The Agency is considering a solution along the lines suggested

European Aviation Safety Agency

Top 7 issues in the FCL NPA

Balloon licence (commercial privileges and age limit for CAT)

comments received indicate that: stakeholders would prefer to have a CPL for

balloons, instead of a single licence with extended privileges;

The limitation of CAT privileges after age 60 could be a problem in many MS

This was discussed with the FCL review groupThe Agency :

does not agree with the comments received on the first point, and intends to keep its initial proposal on this issue

On the second point, the Agency is still considering the issue

European Aviation Safety Agency

Top 7 issues in the FCL NPA

Acceptance of 3rd country licencesComments received indicate that stakeholders do not agree:

With the criteria for the acceptance With the validity of the acceptance

The Agency has had discussions on this issue with some stakeholdersThe Agency is still evaluating the issue, but it seems possible to make changes that would satisfy the concerns expressed by the commenters

European Aviation Safety Agency

Top 7 issues in the FCL NPA

Medical: Involvement of national CAA in contentious cases

Comments received indicate that further involvement from CAA should be foreseen in the rules.This was discussed with the FCL review groupThe Agency is considering a solution along the lines suggested

European Aviation Safety Agency

Training outside Europe:NPA 2008-17

Instructors and examiners need to hold (or have held) a licence issued or accepted in accordance with Part-FCL

Requirements for instructors and examiners based on JAR-FCL

No change based on where the training is provided

Top 7 issues in the FCL NPA

European Aviation Safety Agency

Training outside Europe:After review of comments

Instructors and examiners need to hold (or have held) an ICAO compliant licence

Requirements for instructors and examiners based on JAR-FCL, but adjusted taking into account the comments

No change based on where the training is provided – same safety level, same safety case

Top 7 issues in the FCL NPA

European Aviation Safety Agency

The 2nd extension

European Aviation Safety Agency

Extension to aerodromes and ATM/ANS - progressive harmonisation

EASA „old” BR- adopted in 2002

EASA 1st extension - „new” BR- OPS, FCL, 3rd country a/c

EASA 2nd extension- aerodromes and ATM/ANS

European Aviation Safety Agency

Extension to aerodromes and ATM/ANS – total system approach

Economic regulation

Performance regulation

ATM/ANS

Aero

drom

es

3rd

Coun

try

Oper

atio

ns

Oper

atio

ns

& FC

L

Airw

orth

ines

s

EASA total aviation system approach

Safety regulation

Interoperability regulation

European Aviation Safety Agency

TimescaleNPA’s 1st and 2nd extensions

European Aviation Safety Agency

NPAs 1st extension

NPAs already publishedFCL Authority and Organisation RequirementsOSCOPS

Consultation over

NPAs still to be publishedThird country operatorsOperations with airships, tethered balloons and VLJCAT with Annex II aircraftRegulation of UAV + powered liftHV diagramProcedures for aerial work

Required by BRCRS FTL

on Commission requestCRCPFlying in IMC

on stakeholders request… and many others

European Aviation Safety Agency

NPAs 2nd extension

ATM subjects:ATCOs Organisations (including training organisations)Service providersATM/ANS technical requirements (services/systems)Authorities

Aerodromes subjects:Certification (including services and construction)Operation Authorities

… organisation of the subjects in NPAs still not decided

European Aviation Safety Agency

General timescale

2006 2007 2008 2009 2010 2011 2012 2013

Start 1st

extension

NPA Publication Opinion Adoption/

implementation

Start

ATM

NPA

Publication

Opinion Adoption/

implementation

Start

Aerodrome

NPA

Publication

Opinion Adoption/

implementation

European Aviation Safety Agency

Timescale

Timescale established by BR is challenging:For the Agency, that needs to prepare the proposals in cooperation with stakeholders and NAAsFor the Commission, that will need to process the Agency’s opinionsFor industry and NAAs, that need time to review proposals and will need to implement the new requirements

Significant transition periods for the implementation need to be established after adoption of the IRs for both extensions

Thank you for your attention