The Latest on EASA and Annex II

The Latest on EASA & Annex II – April 2007The PFA proposed revision version of the Annex II criteria has been accepted by EASA and includes a definition for “Vintage” aircraft. This now states that the date of design will be prior to 01/01/1955 and the date of cessation of manufacture will be prior to 01/01/1975. They do recognise some types though as being of historical importance and have therefore included these. I would guess that the buzz words will be 55/75 in relation to this!This contradicts the Vintage Aircraft Club definition of 25 years for a Classic aircraft and 40 years for a Vintage on a rolling basis. The rolling year on year allows history to keep moving on as time does not stand still. Today’s technology is tomorrow’s history and aircraft exhibiting technological breakthroughs should be preserved for future generations to see.EASA have now issued their revised listing of aircraft types they consider to meet the criteria for Annex II, which can be seen on their website:http://www.easa.eu.int/doc/Certification/ptf/New%20Annex%20II%20Published%20280307.pdfI have copied the introduction statement and Annex II definition below as it is important to members of the VAC and the HAA.Annex II TypesEASA has produced this list of Annex II aircraft strictly for information purposes only. It aims to describe the exclusions from the lists of EASA transferred aircraft, EU and non-EU. It is based on information received from several authors internal and external to the Agency.The list is a snapshot of the situation 28th March 2007 and will not be updated. It will remain published for a limited period, after which it will be removed from the website.Whilst every care has been taken in preparing the contents of the list to avoid errors the Agency makes no warranty as to the accuracy, completeness or currency of the content. The Agency shall not be liable for any kind of damages or other claims or demands incurred as a result of incorrect, insufficient or invalid data, or arising out of or in connection with the use, copying, or display of the content, to the extend permitted by European and national laws. The information contained in the list should not be construed as legal advice.1. Aircraft listed are within the definition of Annex II to Regulation 1592/2002. Because of the subjective nature of Annex II, the proposed revision (see at the end of this table) has been used to aid in interpretation of the current Annex II; only compliance with paragraphs (a) and (d) are considered. This list has been produced in conjunction with the NAAs of the State of Design.2. Not every type of aircraft pre-1939 or sailplanes pre-1955 is listed because these can be considered to be Annex II on the basis of their being significant steps in aviation development.3. Sailplanes are listed and, in the case of Germany, the list is exhaustive. This is not the case for some other countries and if an NAA has not provided a list, the criteria ‘designed before 1955, built before 1975’ has been used. In many cases the NAA assessment of ‘significant step in development….’ has been taken.4. Aircraft for which a civilian TC or equivalent approval is known, this is listed. The absence of a TC number does not mean that the aircraft has no formal civilian approval, just that at the time of writing there was no immediate evidence of this fact.5. Warbird rebuilds that are believed to be underway in the EU are listed and this includes aircraft currently not airworthy but which could be put back into airworthy condition. Warbird rebuilds in non-EU countries of types not yet seen in the EU are not included.6. The list does not include aircraft that were originally designed for civil purposes but which were subsequently used by the military except where a discrete military variant can be identified.7. Certain aircraft (Jodel 100, 200 series, Emeraude series, including Smargd and Linnet) have been declared as Annex II because of direct similarity with the original Jodel D11 and CP30 aircraft, even though design/production of later variants may not fit in with the 1955/1975 criterion. Similarly, the Beagle Airedale has also been accepted as Annex II as a direct development of the Auster series which are clearly Annex II.8. ‘Complex’ multi-piston-engined transport aircraft (DC-4, DC-6, Constellation, ATL-98 etc) are declared Annex II on the basis of their historical significance.9. Some aircraft (e.g. PA-18, An-2) had very long production runs and are declared as Annex II even though production continued after 1975. This is because the vast majority of aircraft were built before 1975, they were designed before 1955 and can claim some historical importance. In addition, it is undesirable to have some examples of an aircraft type split between Annex II and EASA.10. The list includes some ex-military types, examples of which did not serve with the military. This is to also avoid splitting some aircraft types between Annex II and EASA.Proposed new ANNEX II from Regulation 1592/2002Issue 28 March 2007Aircraft referred to in Article 4(2)Article 4(1), (1a) and (1b) do not apply to aircraft falling in one or more of the categories set out below:(a) historic aircraft meeting the criteria below:(i) non complex aircraft whose:- initial design was established before 1.1.1955 and- production has been stopped before 1.1.1975.or(ii) aircraft having a clear historical relevance, related to:- a participation in a noteworthy historical event; or- a major step in the development of aviation; or- a major role played into the armed forces of a Member State.(b) aircraft specifically designed or modified for research, experimental or scientific purposes, and likely to be produced in very limited numbers;(c) aircraft of which at least 51 % is built by an amateur, or a non-profit making association of amateurs, for their own purposes and without any commercial objective;(d) aircraft that have been in the service of military forces, unless the aircraft is of a type for which a design standard has been adopted by the Agency;(e) 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) 472.5 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(f) single and two-seater gyroplanes with a maximum take off mass not exceeding 560 kg;(g) gliders with a maximum empty mass, of no more than 80kg when single-seater or 100kg when two-seater, including those which are foot launched;(h) replicas of aircraft meeting the criteria of (a) or (d) above, for which the structural design is similar to the original aircraft;(i) unmanned aircraft with an operating mass of no more than 150 kg;(j) any other aircraft which has a maximum empty mass, including fuel, of no more than 70 kg.”The list includes the French orphan aircraft in the Jodel range as well as many other French aircraft like the Stampe. The CAA needs to agree the listing and if so, many of these machines could transfer to a PFA permit.EASA section 21.023 relates to the requirement to transfer ll non-Annex II aircraft on the PFA fleet currently on a UK Permit to Fly (PtF) over to an EASA PtF. The CAA have made a decision, following a discussion with EASA that they will only transfer the aircraft which are defined as Annex II in the new version rather than the version which is currently accepted. By now, the CAA will have contacted all of the owners of aircraft affected individually by letter explaining the process for transfer. Basically, the only significant change for owners will be the paper work. This process is scheduled to be completed by the end of March 2008.Experimental CategoryThe PFA is investigating the possibility of an experimental Category for the UK. The CAA have looked upon this with interest and requested a paper on the subject. Barry Plumb has offered to take on this task with help from the professionals and those with experience of the system used in other countries.An experimental category would allow for greater development of new types of flying machine as well as allowing developments on existing aircraft.The work is under way and will take into account the systems used in Canada and Australia as these are thought to be the best examples of how such a category is practical.John L BroadCompiled from the report of April 2007 submitted to the Executive Committee of the PFA by Barry Plumb and