Presentation by Julian Scarfe – Europe Air Sports
Julian presented a very comprehensive report on the work of EAS, the current EASA position and how the EU produces rules and regulations. Much of the following has been taken verbatim from his slides.
“Europe Air Sports supports a European regulatory environment that is proportionate to the complexity of aircraft and the nature of flight operation. A minimal amount of regulation to ensure flight safety, access to airspace, free movement and efficient and cost-effective organisation for operations, is of paramount importance for air sports to survive and thrive.
We believe that the developing European regulatory framework for civil aviation should allow for the continuation of all flying activities which are currently possible under national legislation.”
• “EASA regulations do not apply to ‘Annex II’ aircraft:
Historic aircraft (designed before 1 Jan 1955)
• Experimental aircraft
• Amateur-built aircraft
• Ex-military aircraft
• Microlights”
Why EFLEVA members should care about EASA regulations
• Some of EASA’s rules apply to all aircraft (e.g. Part-SERA)
• Some of you fly aircraft which already fall within the scope of EASA’s regulation
• Some of you fly aircraft which may, at some point in the future, fall within the scope of EASA’s regulations
• Some of you fly Annex II aircraft in states which may adopt EASA’s regulations as their national regulations
Julian explained the processes by which EASA rules and regulations are produced, including the problems and the lack of proportionality. His presentation was very complex but it is extremely useful in helping us to understand the complexities and the failings of the EU.
He emphasised the huge influence Europe Air Sports has in being able to question policy makers and to add the voice of GA.
Following representation to EASA, they (EASA) agreed to work on 6 Principles.
EASA Management Board’s initiative of 6 Principles
Principle 1. – One size does not fit all. GA should be handled quite separately from CAT and merits a different, proportionate approach based on an acceptable risk hierarchy.
Principle 2. – Adopt a philosophy of minimum necessary rules focusing on the main risks.
Principle 3. – Adopt a risk-based approach to targeted safety initiatives and rulemaking, based on risk assessment, and supported by empirical evidence in the form of good quality accident rate and causal data from which statistically significant trends are identified.
Principle 4. – Protect “grandfather rights”, unless there are demonstrably and statistically significant safety reasons for not doing so.
Principle 5. – Minimise bureaucracy and apply EU “Smart Regulation Principles”, taking into account the specificities of GA.
Principle 6. – Make best use of available resources of expertise; devolve responsibilities and delegate tasks to the level where they can be exercised most efficiently, including to GA organisations.
This is to be followed by:
EASA Management Board’s initiative Key Actions
Action 1 – The Commission to clarify before April 2013 the interpretation of “commercial operations” in relation to certain GA operations
Action 3 – EASA to implement mechanism that would enable best practices in GA to be identified, subject to the proactive participation of the GA users’ representatives, and disseminated to the GA community, in close interaction with the rulemaking process
Action 5 – MB to invite the users to suggest a short list of items for which non-compliance with the above principles and guidelines would have an important impact and that could be solved quickly with a minimum regulatory work [Quick wins]
Action 6 – For existing texts, MB to invite the users to identify the key problems arising from aspects which do not comply with the above principles and guidelines or cannot readily be implemented in accordance with them. [Fundamental Changes]
Action 9 – The Management Board to invite key GA users’ representative organisations to propose to the Agency by the end of 2012 a team of representatives empowered to represent GA users in the dialogue with the Agency, the EC and the National Authorities”.
(Julian didn’t explain why the numbers are not complete or consecutive).
Footnote by the Chairman HAA:
What EFLEVA is working towards is EASA acceptance that certain sections of GA need to be regulated differently from CAT and other parts of GA. I believe that the NZ concept of Adventure Aviation could be adopted in Europe and could be applied to Light, Experimental, Vintage and Historic aircraft activities including ex-military war-birds, and could satisfy all that Julian Scarfe has outlined above
http://www.europe-air-sports.org/ and www.efleva.eu