Transcript 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.

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
How to allow Sub-Orbital and Orbital
Aircraft to fly in the EU?
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
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I. The institutional and legal framework
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European Union and EFTA countries
27 EU states
4 EFTA states
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How the European Union works
NATIONAL
GOVERNMENTAL
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The institutions
Council of the
European Union
European
Council
European Court
of Justice
European
Parliament
European
Commission
EASA
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EASA in the EU Context (1/2)
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
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EASA in the EU Context (2/2)
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)
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The EU aviation safety system
Proposes rules
Issues some
certificates and
approvals
European Aviation
Safety Agency
European
Commission
Performs inspections
National Aviation Authorities
Manages European
Aviation Safety
Programme
Issue most certificates, approvals and
licences
Adopts rules
Launches
infringement
procedure
Manages Safety List
Oversee organisations
Implement EU law
Industry
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The European Aviation Safety Agency
•
•
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European Union Agency
Technically independent
Legal and financial autonomy
“Ever safer and greener civil aviation”
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About EASA
Founded in 2003
Staff of more than
700
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Built on experience
from the JAA & MS
Located in
Cologne, Germany
Headed by Mr
Patrick GOUDOU
Mr Patrick KY
from 1.9.2013
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Scope
Economic
regulation
Performance
regulation
Safety
regulation
Interoperability
regulation
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Regulatory Structure
Agency Opinion
Basic
Regulation
Implementing Rules
European Commission
European Council
European Parliament
Agency Opinion
European Commission
Soft Law
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Acceptable Means of Compliance
Guidance Material
Certification Specifications
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Agency Decision
AMC, GM, CS
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Current Regulations
Basic Regulation
(EC) No
216/2008
Airworthiness
Initial
Airworthiness
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Continuing
Airworthiness
Flight Standards
Air Crew
OPS
ATM/ANS
Air Traffic
Controllers
Licences
ATM/ANS
Oversight
ANS
Providers
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AUR and
ACAS II
SERA
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Advantages
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Centralisation –
efficiency
Decentralisation –
local application
System, not task
oversight
Open to comment
– transparent
Proportionate
Flexible
(AMCs / GM / CS)
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Soft Law
Basic
Regulation
Implementing Rules
Soft Law
•
•
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Acceptable Means of Compliance
Guidance Material
Certification Specifications
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Who decides what?
Legislator
Commission
Agency
Transfer of
powers from
MS’s to EC.
Implementing
Rules
(IR’s)
=
binding
standards
to implement
BR & ER’s.
CS, AMC, GM
=
non-binding
standards to
implement
ER’s and IR’s.
Essential
Requirements
(ER’s)
Specifying the
safety objectives.
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Standards
In establishing and
maintaining a
high and uniform
level of safety for
civil aviation
the rules must reflect
the
“state of the art” and
the best practices in
the fields concerned
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Standards and
recommended practises
established by ICAO
need to be complied
with
Where applicable other
technologies and
practises need to be used
where it can be
demonstrated to be of
benefit
Appropriate use of standards
developed by standardisation
organisations will ensure a
uniform application of
technologies and best practices
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Move towards standards
STANDARDS
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General Criteria for Participation
The standards must be related to the
Agency activities with respect to
recognition as a means of compliance
or a certification scheme to a rule
The standardisation body must be an
international recognised
standardisation body
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Organisations
ICAO
ASTM
ARINC
European Standardisation Organisations (CEN/ETSI/ECSS)
EUROCAE
IATA
SAE
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II. EASA’s Roles in Certification
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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
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1
2
3
4
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• Application
• Certification Basis
• Demonstration of Compliance
• Issuance of Certificate
• Continuing Airworthiness
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Design Organisation Approval
Certification Process
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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
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III. Status and Proposed Approaches
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Status of EASA Activities for Suborbital
and Orbital Aircraft (SOA) Operations in the EU
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…)
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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
•
1.
Member States with EASA involvement:
EASA cooperates with MS to ensure safety/environment and
foster harmonisation
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Association of States (=JARSOA):
2.
International, with EASA participation
• Rules to be implemented at National Level
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3.
EU Policy for SOA (=UAS):
Guidance to MS, Designers, Manufacturers and Operators
• No legal framework
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Proposed Approaches (2/2)
4.
“Light” Process
Essential Requirements
• National Implementing Rules and Technical requirements
• No full harmonisation, responsibility with MS
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5.
Full set of Rules for SoA
Following EASA established rules and processes
• With provisions for High Altitude/High Speed Transportation
Aircraft (HST)
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6.
Phased approach (e.g: 1+2+3+4+5)
Progressive implementation along with projects development
• Full set of rules published at maturity
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7.
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)
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Actual Work on SoA has started!
The European Commission is currently
reviewing options
Development will start as soon as
decision is taken
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IV. Proposed Cooperation
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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
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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
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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
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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
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V. Conclusions
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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
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Conclusions (2/3)
An EU-framework exist
Actual Work on SOA has started
Option to be decided soon
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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
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Thank you for your attention!
Questions?
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Thank you for your
attention
Do not hesitate to contact us
for any further information
EASA Focal Point:
[email protected]
Thank you for your attention!
Backup Slides
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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.
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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…
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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…
f) ‘certificate’ shall mean any approval, license or other
document issued as the result of certification
e)
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)
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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
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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
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1st Layer: The Basic Regulation
The Parliament and the Council define the Scope of Powers
transferred from the Member States to the EU
They adopt the Essential Requirements (ERs) specifying the
safety objectives to be met
Basic Regulation:
Regulation (EC) 1592/2002 of 15 July 2002
Superseded by:
Annex I : ERs for Airworthiness
•
Annex II : Excluded Aircraft
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Annex III: ERs for pilot licensing
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Annex IV: ERs for air operations
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Regulation (EC) 216/2008
of 20 February 2008
Amended by:
Regulation (EC) 1108/2009 of 21 Oct 2009
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Annex V: Criteria for qualified
entities
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Annex Va: ERs for Aerodromes
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Annex Vb: ERs for ATM/ANS
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2nd Layer: Implementing Rules,
e.g. for airworthiness
The Commission adopts measures for implementing the
Essential Requirements
Regulation (EC) 748/2012 on Airworthiness
and Environmental Certification
•
Annex (Part 21)
Section A: Application
Requirements
Section B: Procedures for
Competent Authorities
Appendices: EASA
forms
Legally binding
Directly applicable by EU persons
Processes (no technical details)
Responsibilities and privileges

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Regulation (EC) 2042/2003
on Continuing Airworthiness
Annex I (Part-M):
•Continuing Airworthiness
Requirements
Annex II (Part-145):
Maintenance
Organisation Approvals
Section A: Technical
Requirements
Section B: Administrative
Procedures
Appendices: EASA
forms
Annex III (Part-66):
•AML
Annex IV (Part-147):
•Training Organisation
Requirements
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3rd Layer: the Agency’s soft law, e.g. for
airworthiness
The Agency adopts non binding specifications for
implementing the essential requirements
To allow for tailored flexibility, where necessary.
Guidance
Material
Certification
•Specifications
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Part 21
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AMC &
Guidance
Material
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AMC-20
•AMC-21
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Parts M, 145,
66, 147
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CS-25
•CS-34
•CS-36
•CS-E
•CS-P
•CS-APU
Special
Conditions or
alternative
AMCs possible
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CS-22
•CS-23
•CS-27
•CS-29
•CS-VLA
•CS-VLR
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CS AWO
•CS ETSO
•CS Definitions
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New domains
More Implementing Rules coming for:
ATCO licensing
published 08/2011
• Safety of ATM/ANS(including Satellite SP) 12/2011
• Flight Crew Licensing
• Air operations
published 04/2012
• Authorisation of Third
Country Operators (TCO)
•
•
•
•
Safety of aerodromes
FCL and OPS of RPAS
SOA…
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by 12/2013
by 12/2016
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EASA Rulemaking Process
RAG/TAG & SSCC advise the Agency during
programming and rule development
EASA
European Commission
Opinion
Phase 1
Programming
4-year
Rule
making
Programme
Phase 2
Rule
development
Drafting,
Comitology with scrutiny
EC
Regulation
Decision
EASA
Committee
Commission Regulation
Implementing Rules
Member States
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Rule development phases
2-6 months
4-year
Rule
making
Programme
3-18 months
Analyse
Consult
RAG/ ToR issue
Task
and
GC
initiation TAG
develop
SSCC
Draft RIA
1-3 months
2-6 months
Decision
RIA
Draft
Rule
Analysis of
Public
comments
NPA
(RIA)
Consultation and final
review
with CRD
Opinion
with CRD
Optional Technical consultation (e.g.
workshop, joined meeting TAG and subSSCC) before NPA publication
If deemed necessary due to the nature of the
comments received, focussed consultation (e.g.
meeting with stakeholders, workshops, specific
reactions through CRT) during review of comments
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Proposed Regulatory Approach
(SOA Airworthiness)
Possibility of Limited Certification :
EASA delivers Restricted Type Certificate (RTC)
EU Member States to deliver Restricted
Certificate of Airworthiness (RCofA)
Organisation Approvals / Certificates:
Design (DOA)
Production (POA)
Continuous Airworthiness Management
(CAMOA)
Maintenance (MOA)
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Proposed Regulatory Approach
(Special Conditions for SoA Airworthiness)
CS-23 and/or CS-25 (TBD) and CS-E
+ Equivalent Level of Safety (ELoS)
Classification depending on weight/fuel trade-off
Safety not to be jeopardized by larger amount of fuel
needed to accommodate required design features
CRIs and associated ELoS to be developed for:
Rocket Propulsion and Control Systems (RPCS)
Fuel
ECS
Containment of all fluids in weightlessness
IVA safety requirements
…
TBD depending on proposed designs and operations
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Proposed Regulatory Approach
(SoA operations)
Organisation Approvals:
Air Operator Certificate (AOC) for Commercial OPS
Operations:
EU-OPS/ EASA-OPS with flexibility (Art. 14 BR) for EU
operators
EASA Authorization to non-EU operators flying to/from EU
National rules for operations outside EU (no EASA role)
Aerodromes and ATM/ANS:
Special Conditions to be developed for “Spaceports”
Procedures to be developed for Air/Space Traffic
Management
Flight Crew Licensing and PAX Safety:
Part-FCL with exemptions could work (Flight Test rating?)
PAX Safety rules to be considered
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Any questions?
Thank you for your attention