EASA MDM.032 Working Group Lisbon 11 – 12 March 2006

HISTORY September 2002Regulation 1592/2002 November 2005Amendment to 1592/2002 December 2005MDM.032 Working Group

ANNEX II (e) Revised aeroplanes, helicopters and powered parachutes having no more than two seats, a maximum take-off mass (MTOM), as recorded by the Member States, of no more than: (i) 300 kg for a land plane/helicopter, single-seater; or (ii) 450 kg for a land plane/helicopter, two-seater; or (iii) 330 kg for an amphibian or floatplane/helicopter single-seater; or (iv) 495 kg for an amphibian or floatplane/helicopter two-seater, provided that where operating both as a floatplane/helicopter and as a land plane/helicopter, it falls below both MTOM limits, as appropriate; (v) kg for a land plane, two-seater equipped with an airframe mounted total recovery parachute system; (vi) 315 kg for a land plane single-seater equipped with an airframe mounted total recovery parachute system; and, for aeroplanes, having the stall speed or the minimum steady flight speed in landing configuration not exceeding 35 knots calibrated air speed (CAS);

ULTRALIGHTS & EASA The Commission considered that ultralight aircraft should perhaps no longer be systematically exempted from common rules, as the performance of some of these aircraft now matches that of light aircraft. It would therefore like work to begin as soon as possible to examine if, and to what extent, certain types of ultralight aircraft should be subject to common rules (Issued with revised Annex II Nov 2005)

EASA MDM.032 Working Group Regulation of aircraft other than complex motor powered aircraft, used in non- commercial activities

RECREATIONAL ‘recreational operation’ means any non commercial operation with a non complex-motor-powered aircraft (Issued with revised Annex II Nov 2005)

COMMERCIAL OPERATION ‘commercial operation’ means a remunerated aeronautical activity covered by a contract between an operator and a customer, where the customer is not, directly or indirectly, an owner of the aircraft used for the purpose of this contract and the operator is not, directly or indirectly, an employee of the customer (Issued with revised Annex II Nov 2005)

COMPLEX AEROPLANE MTOM > 5700 kg >9 passengers >1 pilot Turbojet (Issued with revised Annex II Nov 2005)

SPECIFIC TASKS (1) Develop a concept for the regulation of aircraft other than complex motor powered aircraft when used in non-commercial activities after a review of: –Current regulatory system and implementation measures applied to that segment of aviation today –Other approaches to that segment of aviation that have been put in place in other countries –In service experience.

SPECIFIC TASKS (2) In developing this concept the group may wish to consider; –the possibility of creating sub-categories of aircraft in this segment of aviation –the possibility of using industry standards

SPECIFIC TASKS (3) Develop implementing rules for the issue of recreational private pilot licence Develop general implementing rules for the operations of the concerned aircraft Rethink the implementation means today applied to these aircraft in airworthiness. This may lead to modifications to the Basic Regulation, slight adjustments to the essential requirements and the development of different implementing rules for airworthiness and continuing airworthiness.

SPECIFIC TASKS (3) Finally, based on the new implementing measures proposed, the content of Annex II could be reviewed in order to better adapt it to the actual needs of the concerned segment of civil aviation.

TIMESCALES Start of work in March Publish interim report on the concept for regulatory system and implementation measures July The interim report will be circulated as an A-NPA in accordance with article 14 of the Rulemaking procedures Opinion to modify regulation (EC) 1592/2002 to introduce the new concept for airworthiness shall be issued by March 2007 following accelerated consultation process. Opinion to modify airworthiness implementing rules not linked to the change to regulation (EC) 1592/2002 shall be issued by March 2007 following accelerated consultation process. Elements for NPA for recreational private pilot licence rules shall be ready by September Elements for NPA for general operational rules shall be ready by September NPA to change airworthiness implementing rules and associated AMC linked to the change to regulation (EC) 1592/2002shall be ready by September 2007.

PRAGUE RESOLUTION 1 That the European Microlight Federation is committed to defending the regulatory status quo for microlights outside EASA of all its members, with the aim of preventing the erosion of any and all their existing rights and privileges.

MDM.032 WG COMPOSITION Leroy, Alain – EASA Certification (Chairman) Altmann, Jürgen – EASA (Secretary) Akerstedt, Hans - EAS Fridrich, Jan - EAS Newby, Graham - EAS Roberts, David - EAS Stuck, Roland - EAS Schuegraf, Rudi - EAS Taddei, Bertrand - EAS Konrad, Jo - IAOPA Pedersen, Jacob - IAOPA Wilson, Mark - ECOGAS Daney, Claude Alain - ECOGAS Barratt, Reinert Christie - CAA Norway Le Cardinal, Hugues - DGAC France Forbes, Graham - CAA UK Morier, Yves - EASA Rulemaking Sivel, Eric - EASA Rulemaking

PRAGUE RESOLUTION 2 That the European Microlight Federation forms a Project Group, to include members from a wide range of views, to prepare a proposal for EASA relating to the aviation activities of its members that might be better suited to a new category.

EASA THREATS Part 21 - design Part M - airworthiness Pilot medicals Aerial work Charges

ASSESSMENT BODY ‘assessment body’ means an approved body which may assess conformity of legal or natural persons with the rules established to ensure compliance with the essential requirements laid down in this Regulation and issue the related certificate;

QUALIFIED ENTITY ‘qualified entity’ means an accredited body which may conduct certification tasks under the control and the responsibility of the Agency or of a national aviation authority

QUALIFIED ENTITY Qualified entities conducting specific certification tasks in accordance with the applicable certification procedures on behalf of the Agency, or on behalf of the Member States when those latter carry out certification tasks in application of this Regulation, shall comply with the criteria laid down in Annex V and shall demonstrate possession of the necessary organisation and expertise. These capabilities and means shall be recognised through the issuance of an accreditation by the Agency.

QUALIFIED ENTITY 1 The entity, its Director and the staff responsible for carrying out the checks, may not become involved, either directly or as authorised representatives, in the design, manufacture, marketing or maintenance of the products, parts, appliances, constituents or systems or in their operations, service provision or use. This does not exclude the possibility of an exchange of technical information between the involved organisations and the qualified entity.

QUALIFIED ENTITY 2 The entity and the staff responsible for the certification tasks must carry out their duties with the greatest possible professional integrity and the greatest possible technical competence and must be free of any pressure and incentive,in particular of a financial type, which could affect their judgment or the results of their investigations, in particular from persons or groups of persons affected by the results of the certification tasks.

QUALIFIED ENTITY 3 The entity must employ staff and possess the means required to perform adequately the technical and administrative tasks linked with the certification process; it should also have access to the equipment needed for exceptional checks.

QUALIFIED ENTITY 4 The staff responsible for investigation must have: – sound technical and vocational training; – satisfactory knowledge of the requirements of the certification tasks they carry out and adequate experience of such processes; – the ability required to draw up the declarations, records and reports to demonstrate that the investigations have been carried out.

QUALIFIED ENTITY 5.The impartiality of the investigation staff must be guaranteed. Their remuneration must not depend on the number of investigations carried out or on the results of such investigations. 6.The entity must take out liability insurance unless its liability is assumed by one Member State in accordance with its national law. 7.The staff of the entity must observe professional secrecy with regard to all information acquired in carrying out their tasks under this Regulation.

RECREATIONAL (JK) Non commercial (which excludes passenger transportation from A to B, but includes instructions and training flights) flying in aircrafts from zero up to a (yet to be defined) weight limit (for example kg according to the proposed EASA-Recreational Pilot Licence).

SYSTEM (JK) The system should include design, production, quality assurance, licensing, airworthiness and operation.

LICENSING (JK) It should allow pilots to proceed in the flying community from simple single seated aircrafts step by step up into a later EASA category. The requirements shall be drafted according to the complexity of aircraft, airspace and passengers - public safety interest.

AIRWORTHINESS (JK) The airworthiness of the aircraft should be demonstrated according to safety interests, for example to numbers of seats, complexity of systems and MTOW, according to the applicable Certification Specifications. The quality monitoring shall start from a pure manufacturer’s declaration with deposition of documents and production, inspection by a qualified entity, up to additional audits by qualified entities.