EATS 2009 Evolving European Regulatory Environment Prague November 2009 Jean-Marc Cluzeau EASA Rulemaking Directorate

European Aviation Safety Agency The FCL NPA

European Aviation Safety Agency NPA FCL New rules based on JAR-FCL 1 (Aeroplane) JAR-FCL 2 (Helicopter) JAR-FCL 3 (Medical) New licenses for balloons sailplanes airships Light Aircraft Pilot Licence

European Aviation Safety Agency Comment period NPA closed for comments in February 2009 ca 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 LPL Medical for the LPL Proficiency check for private licences (LPL and PPL class ratings) Balloon licence (commercial privileges and age limit for CAT) Acceptance of 3rd country licences Medical: Involvement of national CAA in contentious cases Training outside Europe

European Aviation Safety Agency Top 7 issues in the FCL NPA Basic LPL Comments received indicate that the level of training proposed is not consensual There are also questions related to the privileges given This was discussed with the FCL review group The Agency is still evaluating the issue

European Aviation Safety Agency Top 7 issues in the FCL NPA Medical for the LPL Comments 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 group The 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 group The 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 licences Comments 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 stakeholders The 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 group The Agency is considering a solution along the lines suggested

European Aviation Safety Agency Training outside Europe: NPA 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 2 nd extension

European Aviation Safety Agency Extension to aerodromes and ATM/ANS - progressive harmonisation 2. safe operations 3. safe air traffic & landing/take- off 1. safety of aircraft EASA „old” BR - adopted in 2002 EASA 1 st extension - „new” BR - OPS, FCL, 3 rd country a/c EASA 2 nd extension - aerodromes and ATM/ANS

European Aviation Safety Agency Extension to aerodromes and ATM/ANS – total system approach Economic regulation Performance regulation ATM/ ANS Aerodromes 3rd Country Operations Operations & FCL Airworthiness EASA total aviation system approach Safety regulation Interoperability regulation

European Aviation Safety Agency Timescale NPA’s 1 st and 2 nd extensions

European Aviation Safety Agency NPAs 1st extension NPAs already published FCL Authority and Organisation Requirements OSC OPS Consultation over NPAs still to be published Third country operators Operations with airships, tethered balloons and VLJ CAT with Annex II aircraft Regulation of UAV + powered lift HV diagram Procedures for aerial work Required by BR CRS FTL on Commission request CRCP Flying in IMC on stakeholders request … and many others

European Aviation Safety Agency NPAs 2 nd extension ATM subjects: ATCOs Organisations (including training organisations) Service providers ATM/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 Start 1st extension NPA PublicationOpinion 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 NAAs For the Commission, that will need to process the Agency’s opinions For 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