dokumendiregister.ee
OtsingAsutusedMCP
Otsing›Lennuamet
Kiri sissetulevAvalik

Opinion 07/2017

Lennuamet · 21. september 2017
Viit
2-4/17/4915-1
Registreeritud
21. september 2017
Dokumendi liik
Kiri sissetulev
Adressaat
Euroopa Lennundusohutusamet
Saabumis/saatmisviis
e-post
Funktsioon
2 Õigusalane teenindamine
Sari
2-4 Kirjavahetus rahvusvaheliste lennundusnõuete küsimustes
Toimik
2-4/2017
Vastutaja
Mari Reinfeldt (Juhtkond, Juhtkond)

Failid

  • 📎Draft Annex to draft COMMISSION REGULATION (EU) ...-... amending Reg. (EU) No 965-2012.pdf158 KB
  • 📎Draft Annexes to draft COMMISSION REGULATION (EU) ...-... for the operation of sailplanes.pdf402 KB
  • 📎Draft COMMISSION REGULATION (EU) ...-... amending Reg (EU) No 965-2012.pdf217 KB
  • 📎Draft COMMISSION REGULATION (EU) ...-... for the operation of sailplanes.pdf226 KB
  • 📎Opinion No 07-2017.pdf705 KB

Sisu (failidest)

European Aviation Safety Agency Opinion No 07/2017 Revision of the operational rules for sailplanes RMT.0698 EXECUTIVE SUMMARY This Opinion addresses a proportionality issue related to sailplane operations. Its specific objective is to establish a simpler and proportionate regulatory framework for air operations with sailplanes. For this purpose, this Opinion proposes the extraction of the rules for air operations with sailplanes from Regulation (EU) No 965/2012 (except for the authority requirements specified in Annex II (Part-ARO)) and the issue of a new regulation related to air operations with sailplanes. The scope of this new regulation may be extended at a later stage to include other areas related to sailplanes. The final goal would then be to develop — at least to a certain extent — a single ‘sailplane rule book’. With the new draft regulation, EASA proposes rules for air operations with sailplanes which are less complex and which are proportionate to the complexity and risks of such operations. In summary, the proposed changes are expected to maintain safety while reducing the regulatory burden especially for sailplane pilots/operators. Action area: General aviation Affected rules: Regulation (EU) No 965/2012 on air operations; Decision 2014/025/R (Part-ARO); Decision 2014/017/R (Part-ORO); Decision 2014/015/R (Part-CAT); Decision 2014/016/R (Part-NCO); Decision 2014/018/R (Part-SPO) Affected stakeholders: Sailplane pilots/operators, competent authorities Driver: Efficiency/proportionality Rulemaking group: No Impact assessment: Light Rulemaking Procedure: Accelerated 26.4.2016 16.11–23.12.2016 29.8.2017 2018/Q3 2018/Q3 TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 1 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 Table of contents Table of contents 1. About this Opinion............................................................................................................................... 3 1.1. How this Opinion was developed ....................................................................................................................... 3 1.2. The next steps ..................................................................................................................................................... 3 2. In summary — why and what ............................................................................................................... 4 2.1. Why we need to change the rules — issue/rationale ......................................................................................... 4 2.2. What we want to achieve — objectives ............................................................................................................. 5 2.3. How we want to achieve it — overview of the proposals .................................................................................. 5 2.4. What are the stakeholders’ views — outcome of the consultation ................................................................... 6 2.5. What are the expected benefits and drawbacks of the proposals ................................................................... 10 2.6. How do we monitor and evaluate the rules ..................................................................................................... 10 3. Regulatory impact assessment (RIA) ................................................................................................... 12 3.1. Issue analysis..................................................................................................................................................... 12 3.1.1. Safety risk assessment .................................................................................................................................. 13 3.1.2. Who is affected ............................................................................................................................................. 14 3.1.3. How could the issue evolve ........................................................................................................................... 14 3.2. Methodology..................................................................................................................................................... 15 3.3. How it could be achieved — options ................................................................................................................ 16 3.4. What are the impacts ....................................................................................................................................... 17 3.4.1. Safety impact ................................................................................................................................................ 17 3.4.2. Social impact................................................................................................................................................. 18 3.4.3. Economic impact .......................................................................................................................................... 19 3.4.4. GA and proportionality issues ....................................................................................................................... 20 3.5. Conclusion — Comparison of options ............................................................................................................... 21 4. References ........................................................................................................................................ 23 4.1. Affected regulations ......................................................................................................................................... 23 4.2. Related decisions .............................................................................................................................................. 23 5. Appendices........................................................................................................................................ 24 5.1. Appendix 1 — Comparison between draft new rules in Annex II (Part-SAO) and existing rules ...................... 24 5.2. Appendix 2 — Information gathered for the RIA .............................................................................................. 26 TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 2 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 1. About this Opinion 1. About this Opinion 1.1. How this Opinion was developed The European Aviation Safety Agency (EASA) developed this Opinion in line with Regulation (EC) No 216/20081 (hereinafter referred to as the ‘Basic Regulation’) and the Rulemaking Procedure2. This rulemaking activity is included in the EASA 5-year Rulemaking Programme3 under rulemaking task RMT.0698. The scope and timescales of the task were defined in the related ToR4. The draft text of this Opinion has been developed by EASA, with the significant support of external experts5. All interested parties were consulted through a 1-day public workshop6 and a written consultation of the affected EASA Advisory Bodies7. The final text of this Opinion (i.e. the explanatory note and the draft regulations) has been developed by EASA based on the input received during the consultation. The rule text proposed by EASA is published on the EASA website8. The major milestones of this rulemaking activity are presented on the title page. 1.2. The next steps This Opinion contains the proposed new regulation related to operations with sailplanes and the proposed amendments to Regulation (EU) No 965/20129, and their potential impacts. It is submitted to the European Commission to be used as a technical basis in order to prepare an EU regulation. For information, EASA published the draft text for the related EASA decision containing acceptable means of compliance (AMC)/guidance material (GM). The final decisions issuing the AMC/GM will be published by EASA once the European Commission has adopted the regulations. 1 Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (OJ L 79, 19.3.2008, p. 1) (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1467719701894&uri=CELEX:32008R0216). 2 EASA is bound to follow a structured rulemaking process as required by Article 52(1) of Regulation (EC) No 216/2008. Such a process has been adopted by the EASA Management Board (MB) and is referred to as the ‘Rulemaking Procedure’. See MB Decision No 18-2015 of 15 December 2015 replacing Decision 01/2012 concerning the procedure to be applied by EASA for the issuing of opinions, certification specifications and guidance material (http://www.easa.europa.eu/the-agency/management- board/decisions/easa-mb-decision-18-2015-rulemaking-procedure). 3 http://easa.europa.eu/rulemaking/annual-programme-and-planning.php 4 http://www.easa.europa.eu/system/files/dfu/ToR%20RMT.0698%20Issue%201.pdf 5 In the time frame from May 2016 to February 2017, EASA organised four technical meetings with external experts (competent authorities and sailplane stakeholders, including the European Gliding Union (EGU)). 6 On 8.12.2016. 7 In accordance with Article 52 of Regulation (EC) No 216/2008 and Article 16 of the Rulemaking Procedure; written consultation in the time frame 16.11.-23.12.2016. 8 http://easa.europa.eu/document-library/opinions 9 Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1) (http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1474965863160&uri=CELEX:32012R0965). TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 3 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 2. In summary — why and what 2. In summary — why and what 2.1. Why we need to change the rules — issue/rationale Currently, the European rules for air operations with sailplanes in force are laid down in Regulation (EU) No 965/2012. This Regulation does not only contain rules on sailplanes, but also the technical requirements and administrative procedures regulating air operations with aeroplanes, helicopters and still for balloons10. In this respect, stakeholders have continuously raised the following concerns as regards the sailplane rules: — The Regulation is too complex to handle: For different sailplane operations, such as NCO, CAT or SPO11, different parts and different points within the regulation are applicable, sometimes ‘hidden’ and not easily identifiable12. — Many rules for sailplanes have been ‘translated’, e.g. from the rules for large passenger aeroplanes. This resulted in an overregulation for sailplanes which, compared to large passenger aeroplanes for example, are simple aircraft. — From the way the rules are written, it is not always clear whether they are applicable to sailplanes, and when they are, to which extent (e.g. rules on the operations manual, on the minimum equipment list (MEL), task specialist, etc.). In the context of the General Aviation (GA) Road Map13, EASA took into consideration the concerns raised by stakeholders and decided to develop simpler and proportionate rules for air operations with sailplanes. This includes the following major measures: — Establishment of a new regulation for sailplanes. The present Opinion only contains draft rules in the area of air operations. However, the scope of the new regulation may be extended to include further areas (e.g. flight crew licensing14) to have — at least to a certain extent — a single ‘sailplane rule book’ with rules on sailplanes under ‘one roof’. — Restructuring, amendment and simplification of the rules, extracted from Regulation (EU) No 965/2012, to establish a simpler and proportionate regulatory framework for air operations with sailplanes. In this context, it should be noted that the present proposal for sailplanes follows the proposal for the rules for air operations with balloons, considering also the amendments introduced during the adoption process of the latter ones. As regards the structure of the new regulation, EASA is proposing the following annexes to the new act: 10 For balloons, the process of extracting the air operations requirements from Regulation (EU) No 965/2012 is already in a further advanced stage, i.e. the associated EASA Opinion (Opinion No 01/2016) was published in January 2016. 11 NCO = non-commercial operations with other-than complex motor-powered aircraft, CAT = commercial air transport, SPO = specialised operations. 12 In an analysis of the implementing rules and the AMC/GM, EASA identified approximately 100 typed pages which are applicable to sailplanes. These rules and provisions are spread over a total of approximately 1 900 pages of Regulation (EU) No 965/2012 and the associated AMC/GM. 13 http://www.easa.europa.eu/easa-and-you/general-aviation/general-aviation-road-map and http://easa.europa.eu/system/files/dfu/European%20GA%20Safety%20Strategy.pdf 14 EASA RMT.0701 on ‘Revision of the sailplane licensing requirements’. TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 4 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 2. In summary — why and what — Annex I (Part-DEF), containing the definitions used in the rules for air operations with sailplanes; and — Annex II (Part-SAO, that is ‘sailplane air operations’), containing the rules for conducting non- commercial as well as commercial operations. EASA is of the opinion that the simple structure of the new regulation meets the needs of stakeholders. This especially holds, since the main part, Annex II (Part-SAO), contains 11 typed pages only. Sailplane pilots and operators are expected to be able to handle easier such concise regulatory framework which does not compromise safety. 2.2. What we want to achieve — objectives The overall objectives of the EASA system are defined in Article 2 of Regulation (EC) No 216/2008. This proposal will contribute to the achievement of the overall objectives by addressing the issues outlined in Chapter 2. The specific objective of this proposal is to establish dedicated sailplane operations requirements that are better considering the specificities of sailplanes and are proportionate to the complexity and risks of sailplane flying. 2.3. How we want to achieve it — overview of the proposals The discussion of the major technical proposals is provided in Section 2.4., together with the outcome of the consultation. Proposed new regulation related to operations with sailplanes (Annex I to the Opinion) The structure of the draft new rules for sailplanes is as follows: The act The act contains the following four articles: — Article 1 ‘Subject matter and scope’: It states that the regulation lays down detailed rules for air operations with sailplanes. — Article 2 ‘Definitions’: Definitions for terms used in the act are provided. — Article 3 ‘Air operations’: It regulates the applicability of the regulation as regards non- commercial operations and commercial operations, as well as derogations. — Article 4 ‘Entry into force and application’: The date of entry into force and the applicability date are specified. Annex I (Part-DEF) — Definitions In addition to Article 2 of the act, Annex I contains numerous definitions related to sailplane operations which are used in Annex II. Annex II (Part-SAO) — Sailplane air operations As explained above, Part-SAO contains the rules to be followed by all operators conducting non- commercial as well as commercial sailplane operations. The rules of this Part have been mainly extracted from Annex VII (Part-NCO) to Regulation (EU) No 965/2012. Some text from Annex VII TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 5 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 2. In summary — why and what (Part-NCO) has been transferred unchanged, while other text has been amended and simplified (for details, see Table A1.1 of Appendix 1). Part-SAO is divided into the following five subparts: — Subpart GEN ‘General requirements’: It contains the basic organisational and operating requirements, including rules as regards the scope, competent authority, responsibility of the pilot-in-command, crew member responsibilities, compliance with rules, documents and information to be carried, etc. — Subpart OP ‘Operating procedures’: It contains all rules as regards operating procedures. This includes the use of aerodromes and operating sites, passenger briefing, flight preparation, meteorological conditions, etc. In addition, requirements for specialised operations (concerning checklists) are included. — Subpart POL ‘Performance and operating limitations’: This short subpart contains rules as regards weighing and performance in general. — Subpart IDE ‘Instruments, data and equipment’: It contains rules on instruments and equipment in general, flight and navigational instruments, supplemental oxygen, survival equipment, etc. — Subpart DEC ‘Declaration’: This short subpart contains rules on the declaration for commercial operations. Finally, the Appendix to Part-SAO contains the form for a declaration. Proposed amendments to Regulation (EU) No 965/2012 (Annex II to the Opinion) This Opinion proposes the extraction of the rules for air operations with sailplanes from Regulation (EU) No 965/2012, except for the authority requirements specified in Annex II (Part-ARO)15. Consequently, the said Regulation, including its annexes, needs to be amended. 2.4. What are the stakeholders’ views — outcome of the consultation As described in Chapter 1, the new draft rules for air operations with sailplanes were intensively discussed with the dedicated experts during technical meetings and during a focused consultation (public workshop and written consultation of EASA Advisory Bodies). The outcome of the discussion on the major issues can be summarised as follows: — No preference for returning to national regulation: The majority of the external experts made it clear that they prefer uniform European rules. Consequently, the proposed rules do not contain any re-delegation to national or regional level. — Authority requirements: After a substantial discussion, EASA proposes not to transfer the authority requirements laid down in Annex II (Part-ARO) to Regulation (EU) No 965/2012 to the new regulation on sailplanes. The reason is that all air operation authority requirements should remain under ‘one roof’, and should not be split for different aircraft categories16. — No additional requirements for commercial operations: After a substantial discussion, EASA proposes not to introduce additional requirements for commercial operations, except for requiring a declaration (see below). This proposal is in line with the opinion of the majority of competent authorities and sailplane stakeholders. It is justified taking into account the changes 15 For the justification, see Section 2.4 under the heading ‘authority requirements’. 16 The same approach has been chosen for balloons (see Opinion No 01/2016). TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 6 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 2. In summary — why and what and simplifications the ‘new’ Basic Regulation17 foresees for commercial operations of sailplanes. More specific, the main reasons are:  Using a risk-based approach, no indication could be identified that a commercial flight with a pilot and one passenger is riskier than the same flight if it would be conducted as a non-commercial one.  Such additional requirements would mean an unnecessary administrative burden and overregulation.  For sailplanes, the attractiveness of conducting commercial operations is limited, since only one passenger can be carried. — Declaration instead of an air operator certificate (AOC) (point SAO.DEC.100): At present there are only very few, if any, commercial operations with sailplanes18 conducted within the Union. However, to enable the competent authority to obtain an overview on these commercial operations, EASA proposes that the operator of such operations is required to provide a declaration. This approach was supported by the majority of competent authorities, and was accepted also by the sailplane stakeholders19. — Cost-sharing (sub-paragraph (2)(a) of Article 3): In Regulation (EU) No 965/2012, cost-shared operations by private individuals are permitted under the condition that only the direct costs are shared between the pilot and the passenger. The majority of external experts expressed the opinion that, in addition, annual costs should also be shared. Following this approach, EASA proposes that a proportionate contribution of the annual cost is shared20. — Sailplane specialised operations (point SAO.OP.155): At the beginning of the rulemaking activity, EASA identified the following sailplane operations to be considered specialised operations21, which consequently require a risk assessment and a checklist:  parachute operations;  sailplane towing;  aerial advertising flights, i.e. banner towing with powered sailplanes;  aerial photography flights (news media flights, television and movie flights);  flying display;  competition flights; and  aerobatic flights. 17 At present, the ‘new’ Basic Regulation, replacing Regulation (EC) No 216/2008, is being established. It is expected that the new Basic Regulation will enter into force before the new regulation for sailplanes will become applicable. 18 EASA has no knowledge of the exact numbers, see also Section 3.1. 19 In this context, it should be mentioned that Regulation (EU) No 965/2012 requires an AOC for CAT operations with sailplanes. EASA and the external experts agreed that this clearly would mean overregulation, and would be clearly in contrast to the goals of the GA Road Map. 20 This proposal is in line with what has been accepted as regards the rules for air operations with balloons during the adoption process of Opinion No 01/2016. 21 These operations were taken from the list of specialised operations in the GM to Annex VII (Part-NCO) to Regulation (EU) No 965/2012. TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 7 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 2. In summary — why and what During the discussion on this subject, it became clear that sailplane towing, competition and aerobatic flights should not be considered specialised operations due to the following reasons:  Sailplane towing is a very common launch method. In many flying clubs it is the only launch method available. It is in no way an unusual or a specialised operation. As for all other normal sailplane operations, pilot licensing requirements, aircraft flight manual (AFM) operating limitations and instructions, and established good practices provide adequate risk mitigation during sailplane towing.  Competition flights are a common part of sailplane operations. A gliding competition is not a classic aeroplane air race; in fact, it is a series of normal cross-country flights involving a number of sailplanes flying a similar route. This holds for both formal competitions and routine/informal competitive flying between sailplane pilots. It can be concluded that extra risk assessments and checklists would bring no safety benefit.  Aerobatic flights are commonly carried out by trained and qualified pilots during instructional and other flying, and are considered an acknowledged method of improving handling skills of pilots. Limitations and operating instructions are described in the AFM. The range of attitudes routinely adopted by sailplanes is much wider than for other GA aircraft. Simple aerobatics may well occur during a flight without them having been planned before take-off. Requiring formal risk assessments and extra checklists would be unreasonable for sailplane aerobatics outside of a display environment. In summary, introducing specific requirements for such operations in addition to those for normal operations would be disproportionate and of no benefit, and would lead to an additional, unnecessary bureaucratic overhead. Following this approach, EASA proposes to consider sailplane towing, competition and aerobatic flights as normal operations. Therefore, the list of specialised operations for sailplanes, provided in the AMC/GM, contains the following flights:  parachute operations;  aerial advertising flights, i.e. banner towing with powered sailplanes;  aerial photography flights (news media flights, television and movie flights); and  flying display. — Portable electronic devices (PEDs) (point SAO.GEN.145): In point NCO.GEN.125 of Annex VII (Part-NCO) to Regulation (EU) No 965/2012, the requirement on PEDs is phrased as follows: ‘The pilot-in-command shall not permit any person to use a PED on board an aircraft that could adversely affect the performance of the aircraft’s systems and equipment.’ The majority of the external experts agreed on the following: The wording could be interpreted as if the pilot has to make a thorough assessment whether the effects could occur, even under the most remote circumstances. This is seen as a typical task of a certification process and/or drafting of a technical standard. Clearly, this is outside the possibilities of a pilot. TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 8 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 2. In summary — why and what In addition, the following points were raised:  The possible adverse effects upon the safe operation of a sailplane are rather small and improbable. The worst case of a total failure of the propulsion system (in case of a powered sailplane) inherently does not result in a catastrophic situation, since sailplanes are designed to fly and land safely with the engine shut down.  Vast experience of operating a large multitude of PEDs on board of sailplanes has not brought up safety issues.  PEDs are often an important and very useful and safety-increasing device in a typical modern sailplane cockpit. Non-certified and handheld devices are carried and operated, since they allow much easier navigation, flight planning and flight management than older traditional instruments and equipment. After analysing the points raised, EASA decided to change the phrase ‘could adversely affect’ into ‘adversely affects’. — Dangerous goods (point SAO.GEN.150): Dangerous goods are not ‘transported’ with sailplanes. In addition, during the drafting and the subsequent consultation, it became clear that in general dangerous goods should not be ‘carried’ on board. The rules on dangerous goods have been adjusted and simplified accordingly. — Documents, manuals and information to be carried (point SAO.GEN.155): Based on the input received, EASA proposes to further reduce the number of documents which have to be carried on board. Even further, all documents may remain on the ground, when the sailplane is intended to remain within the sight of the aerodrome or the operating site, or remains within a distance determined by the competent authority. The reasons for these simplifications are as follows:  Sailplane fuselages are designed to minimise drag and as such have a small cross section; unlike most aeroplane cockpits and balloon baskets, sailplane cockpits are designed to accommodate the pilot and nothing else. By design, most sailplanes do not have equipment or document storage/stowage.  Loose articles are a significant hazard in sailplanes. Especially older commonly operated sailplanes have exposed control mechanisms within the cockpit and in the centre fuselage that can be reached by loose articles present in the cockpit. Pilots are trained to secure or remove loose articles. AFMs specifically require pilots to remove loose articles ahead of a particular activity, e.g. before carrying out aerobatics.  Unlike balloon and aeroplane pilots, the operating environment is such that sailplane pilots cannot routinely take time out during flight to read publications. From launch to landing, the pilot will be focused on looking out, flying the sailplane and decision-making. Details needed in flight other than those usually displayed in flight electronically or on a chart are pre-briefed by reference to the AFM or are subject of theoretical knowledge study. Where reasonably possible, the AFM should be carried on board, especially when landing at a different landing site. — No specific rules for air operations with touring motor gliders (TMGs): Powered sailplanes are divided in two groups, self-sustaining and self-launching sailplanes, whereby self-launching TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 9 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 2. In summary — why and what sailplanes are divided again in two sub-categories. One of the sub-categories of self-launching sailplanes is usually designed for having the engine running during all phases of flight, capable of taxiing with the wing level and having an endurance of several hours. A common term for this sub-category is touring motor glider (TMG). Annex VII (Part-NCO) to Regulation (EU) No 965/2012 contains specific requirements for TMGs. One of these requirements states that TMGs shall follow the rules for aeroplanes when they are power-driven by an engine. During the technical meetings, the external experts expressed that in their view such a requirement is burdensome and of no benefit as regards safety. EASA agreed to this point of view and proposes to delete this requirement. Instead, TMGs have to follow the rules for sailplanes, even when the engine is running. Therefore, in this respect, no specific requirement is needed. EASA, together with the technical experts, analysed the other but less far-reaching requirements on TMGs in Annex VII (Part-NCO) to Regulation (EU) No 965/2012. The conclusion is that these requirements are superfluous and do not lead to an additional safety benefit. In conclusion, no specific requirements for TMGs are needed and, therefore, the term ‘TMG’ is not mentioned in the air operations requirements related to sailplanes. — Task specialist: The vast majority of the external experts agreed with EASA that task specialists do not play an important role for specialised operations with sailplanes. Consequently, EASA proposes not to introduce any implementing rules for task specialists. Further information on the modifications introduced, based on the input received, is provided in Table A1.1 of Appendix 1. As regards the new Annex II (Part-SAO), this table provides a comparison between each new point and the existing point of Regulation (EU) No 965/2012 concerning the content of the rule. 2.5. What are the expected benefits and drawbacks of the proposals The expected benefits of the envisaged new regulation for sailplanes are simpler and proportionate rules. While reducing the regulatory burden especially to sailplane pilots/operators, the new regulatory framework is expected to maintain a high level of safety. This goal has been achieved by incorporating many of the proposals made by external experts, including: — establishing common rules for all operations (no additional rules for commercial operations except for requiring a declaration, see next bullet point); — requiring a declaration for commercial operations (instead of an AOC, as required in Regulation (EU) No 965/2012); and — considering sailplane towing, as well as competition and aerobatic flights as normal operations (and not as specialised operations which would imply additional requirements). 2.6. How do we monitor and evaluate the rules EASA will monitor and evaluate the implementation of the proposed new rules related to operations with sailplanes by discussing them with the competent authorities and the sailplane stakeholders in different forums (meetings of the EASA Advisory Bodies, workshops, aviation fairs and exhibitions, etc.). In addition, EASA will regularly monitor sailplane accidents and incidents by updating its sailplane TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 10 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 2. In summary — why and what safety risk portfolio (see Section 3.1.1.). At this stage, aside of these measures, it is not envisaged to implement further evaluation arrangements on a systematic basis. TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 11 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 3. Regulatory impact assessment (RIA) 3. Regulatory impact assessment (RIA) 3.1. Issue analysis EASA sent two surveys to the competent authorities in 2016 to gather general information on the sailplane sector in EASA Member States. The first survey was directly related to the present rulemaking task to gain information on sailplane activities, while the second one was initiated to analyse the safety occurrences in the States22. With these two surveys and with additional data provided by the European Glider Union (EGU), information from 28 of the 32 EASA Member States23 is available. Based on this data, the sailplane activities for one single year24 can be summarised as follows (see Table A2.1 and Figures A2.1–A2.2 of Appendix 2 for more details): — More than 25 000 sailplanes exist in 25 EASA Member States, with an uneven distribution among the States (see Figure A2.1). — Nearly 2 200 000 flights are conducted per year in 21 EASA Member States, again unevenly distributed among the States (see Figure A.2.2). — No EASA Member State reported that it has implemented Regulation (EU) No 965/2012. Instead, the States are using the possibility to postpone the introduction of the European air operations requirements and still apply national rules. — Through the survey no commercial operations could be identified, except for France that reported that two commercial operators are offering their service. It can be concluded that, with very few exceptions, at present all sailplane operations in Europe are non-commercial. Table A2.1 also shows the following number of safety occurrences in the EASA Member States in the time frame 2012–2016: — The total number of reported occurrences is 1 025, of which 109 were fatal25 and 91626 were non-fatal. — The reported number of fatalities in the 5-year time frame is 12227. As described above, the EASA Member States are using the possibility to postpone the introduction of the European air operations requirements and to wait for the outcome of the present rulemaking task. As a consequence, the assessment of this rulemaking proposal may be perceived from two different angles: — From EASA’s point of view, the ‘official’ baseline scenario is Regulation (EU) No 965/2012 which, at present, foresees the implementation of the European rules for air operations with sailplanes in April 2019 at the latest. 22 For the analysis of the second survey, see also Section 3.1.1. on the safety risk assessment. 23 However, not all of the requested information is available from all of these 28 EASA Member States. 24 The last reporting year (depending on the EASA Member State, either 2016 or 2015). 25 17 EASA Member States provided data. 26 24 EASA Member States provided data. 27 17 EASA Member States provided data. TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 12 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 3. Regulatory impact assessment (RIA) — However, since the vast majority of the EASA Member States have not yet started implementing Regulation (EU) No 965/2012, their ‘practical’ baseline scenario are the national rules. Therefore, EASA Member States and the sailplane community will also compare the envisaged new regulation with the existing national rules. Nevertheless, it was confirmed during the technical meetings that none of these baseline scenarios are the way forward, and that common, proportionate European rules to ensure safety and a level playing field are imperative. As a consequence, the general issue is to establish a new regulation containing rules for air operations with sailplanes that will especially address the concerns raised by the GA community and the sailplane sector in terms of level of details in the rules, including: — complexity of the rule structure: it is difficult to identify the relevant rules for sailplane operations in Regulation (EU) No 965/2012; and — proportionality: it is difficult to apply rules which are not proportionate for the sailplane sector, e.g. requirements on operations manual, MEL, task specialist, dangerous goods, etc. 3.1.1. Safety risk assessment EASA analysed the safety occurrences in the EASA Member States for the years 2012–2016 (‘EASA safety risk portfolio for sailplanes’) showing the main risks in sailplane operations. As mentioned above, an overview of the occurrences per country in this time period is provided in Table A2.1. Overall, the safety risk portfolio shows that approximately 45 % of all fatal accidents are attributed to aircraft upset in flight. In more detail, the following main operational safety issues have been identified: Recognition and recovery from abnormal attitudes during en route (search for updraft): The main results are: — stall during ridge soaring, winch launch and outlandings; and — loss of control after mid-air collisions28. This safety issue has the highest score of fatal accidents in sailplane operations and is highly related to ‘maintaining adequate separation between the aircraft on the ground and in the air’ (see below). Recognition and recovery from abnormal attitudes during take-off: This safety issue comes in 2nd in number of fatalities. The main causes are: — wing tip strike during the initial winch launch procedure causing the sailplane to turn over and crash on its back; — lack of coordination within the launch team; — high angle of attack during winch launch, causing a stall during initial climb; and — lack of recent experience. Recognition and recovery from abnormal attitudes during approach and landing: This safety issue is the 3rd on the list over fatal accidents. The main causes are: 28 However, the voluntarily installation of non-approved traffic awareness systems has reduced the number of mid-air collisions in the past decade. TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 13 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 3. Regulatory impact assessment (RIA) — stall (one wing stall) when turning on final approach for landing and speed monitoring; and — lack of situational awareness during approach, leading e.g. to incorrect use of air brakes or incorrect distance estimation. Maintaining adequate separation between aircraft on the ground and in the air: This issue is strongly related to the first safety issue. The main cause is narrow space between sailplanes when climbing in circles. During such an operation, it can be difficult to monitor the altitude and behaviour of the aircraft around. This has resulted in mid-air collisions causing loss of control of one or both aircraft. Human-related safety issues: Other safety issues attributed to several fatal accidents are human- related issues. Two examples are: — personal readiness and crew impairment, meaning either medical impairment of some kind, psychological events like alertness and fatigue or physical impairment; and — flight crew perception and awareness, and decision-making and planning, meaning that the way a pilot perceives his or her environment affects his or her decisions. EASA compared these main safety issues and the envisaged revised rules for the operation of sailplanes and concluded that no further requirements are needed. The rules addressing the safety issues are already existing or being established to the possible extent in the course of the present rulemaking task. Nevertheless, and due to the nature of these safety issues, it is considered that some might need to be targeted via other means, e.g. safety promotion activities, in order to mitigate the risks. 3.1.2. Who is affected The sailplane community is affected. This includes sailplane pilots, operators and competent authorities. The proposals are expected to affect: — more than 70 000 sailplane pilots29; — more than 4 000 sailplane operators30; — competent authorities in 32 EASA Member States and their staff performing oversight over sailplane activities. Potential interface issues with other GA-related rulemaking tasks31 have been dealt with continuously during the process, as necessary, to ensure overall consistency and to avoid possible overlaps. 3.1.3. How could the issue evolve Implementing the rules for air operations with sailplanes as laid down in Regulation (EU) No 965/2012 would mean a disproportionate burden for this sector and could lead to a decrease of sailplane operations in EASA Member States. 29 According to the EASA survey, there are more than 70 000 pilots in 14 EASA Member States (only 14 States provided data). 30 According to the EASA survey, there exist more than 4 000 operators in the 14 EASA Member States that provided data. It should be noted that gliding is organised in a different manner in the various States (e.g. single private owner vs large flying clubs) and/or that the term ‘operator’ may be understood differently in different States. This holds although the term ’operator‘ is defined in Article 3 of the Basic Regulation as follows: ‘operator’ shall mean any legal or natural person, operating or proposing to operate one or more aircraft or one or more aerodromes. 31 RMT.0657 on ‘Training outside ATOs (Opinion No 11/2016), RMT.0674 on ‘Revision of the European operational rules for balloons’ (Opinion No 01/2016) and RMT.0701 on ‘Revision of the sailplane licensing requirements’. TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 14 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 3. Regulatory impact assessment (RIA) 3.2. Methodology The methodology applied for this RIA is the multi-criteria analysis (MCA) which allows comparing all options by scoring them against a set of criteria. MCA covers a wide range of techniques that aim to combine a range of positive and negative impacts into a single framework to allow easier comparison of scenarios. The MCA key steps generally include the following: — establishing the criteria to be used to compare the options (these criteria must be measurable, at least in qualitative terms); and — scoring how well each option meets the criteria; the scoring needs to be relative to the baseline scenario. The criteria used to compare the options were derived from the Basic Regulation, and the guidelines for the RIA were developed by the European Commission. The principal objective of EASA is to ‘establish and maintain a high uniform level of safety’ (Article 2(1) of the Basic Regulation). As additional objectives to those mentioned above, the Basic Regulation identifies social, economic and proportionality aspects which are reflected below. As shown in detail in Table 1, the scoring of the impacts uses a scale of – 5 to + 5 to indicate the negative and positive impacts of each option (i.e. from ‘very low’ to ‘very high’ negative/positive impacts). Intermediate levels of benefits are termed ‘low, ‘medium’ and ‘high’ to provide for a total of five levels in each one of the negative and positive directions, with also a ‘no impact’ score possible. Table 1 — Impact scoring scale Negative Positive Score Score impact impact -5 Very high negative impact +5 Very high positive impact -4 High negative impact +4 High positive impact -3 Medium negative impact +3 Medium positive impact -2 Low negative impact +2 Low positive impact -1 Very low negative impact +1 Very low positive impact 0 Neutral/insignificant TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 15 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 3. Regulatory impact assessment (RIA) 3.3. How it could be achieved — options The possible options for the regulatory framework for air operations with sailplanes are listed in Table 2. Table 2 — List of policy options Option/ Short title Description sub-option 0 No policy change To implement Regulation (EU) No 965/2012 as currently foreseen on 8 April 2019 at latest. 1 Revised rules To establish a new regulation for air operations with sailplanes with proportionate European rules (see Section 2.4. for more details). 1.1 Additional rules for In addition to revised rules for non-commercial operations, revised commercial rules for commercial operations are introduced to encompass the operations commercial operation specificities. For commercial operations, a declaration is required. 1.2 Common rules for all The revised rules are applicable to both, non-commercial and operations, commercial operations. In addition, for commercial operations, a declaration for declaration is required. commercial operations 1.3 Common rules for all The revised rules are applicable to both, non-commercial and operations without commercial operations. For commercial operations, no declaration declaration is required. 1.4 Extended scope of The following sailplane operations are considered specialised sailplane specialised operations: parachute operations, aerial advertising flights, aerial operations photography flights, flying display, sailplane towing, competition flights and aerobatic flights. These flights would require a risk assessment and a checklist. 1.5 Limited scope of The scope of the sailplane operations considered specialised would sailplane specialised be limited to: parachute operations, aerial advertising flights, aerial operations photography flights and flying display. These flights would require a risk assessment and a checklist. Sailplane towing, competition and aerobatic flights are not considered specialised operations; they represent a normal activity. 2 National rules To stop the implementation of Regulation (EU) No 965/2012 and keep national rules instead Option 0 may overregulate the sailplane sector as described in Section 2.1. Option 1 establishes simpler and proportionate European rules. It has several sub-options, addressing two major issues: — Distinction between commercial and non-commercial sailplane operations: The question is whether or not additional requirements for commercial operations, reflecting the specificities of commercial operations, are needed. This issue is analysed in Sub-options 1.1, 1.2 and 1.3. TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 16 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 3. Regulatory impact assessment (RIA) — Sailplane towing, competition and aerobatic flights: The question is whether these operations need to be considered specialised operations or not. This issue is analysed in Sub-options 1.4 and 1.5. Option 2 would mean repealing of Regulation (EU) No 965/2012 for sailplane operations and retaining national rules. However, in order to have common, proportionate European rules to ensure a uniform level of safety and a level playing field, this option is discarded and not further analysed. All other options/sub-options are analysed below. 3.4. What are the impacts 3.4.1. Safety impact Option 0: Compared to the present situation, safety benefits could be gained with the strict safety requirements of Regulation (EU) No 965/2012, when it is applicable in all EASA Member States. These safety requirements are much more demanding than the current safety requirements of most of the national regulations and thus could lead to safety improvement. Despite that, it may be expected that the sailplane community may not fully acquire these benefits, due to the complexity and, in their view, disproportionality of the requirements. This may lead to some negative consequences when applying the European rules. The overall impact is, therefore, considered neutral. Option 1: In general terms, having requirements proportionate to the scale and complexity of the sailplane operations could result in safety benefits comparable to the ones of Option 0. However, one has to analyse in more detail the different sub-options: Sub-option 1.1: It is expected that additional rules for commercial operations would not result in safety benefits, considering the nature of sailplane operations. In practice, both commercial and non- commercial operations require teamwork of sailplane clubs/operators and pilots, and the same efforts to ensure safety are needed. There is no indication that a commercial flight with a pilot and one passenger is more risky than the same flight conducted as a non-commercial operation. The overall impact is, therefore, considered neutral. Sub-option 1.2: Same safety impacts as for Sub-option 1.1. Sub-option 1.3: This option is expected to have a very low negative safety impact, since the competent authorities might not be aware of commercial sailplane operations and thus hampering the effective oversight. This may result in deterioration of the safety level. Sub-options 1.4 and 1.5: Considering sailplane towing, competition and aerobatic flights specialised operations implies additional actions (namely a risk assessment and a checklist) with very limited safety benefit, because: — these operations are very common; and — the safety barriers embedded in pilot licenses and ratings as well as in aircraft certification are considered strong safeguards to ensure the same level of safety as if these operations would be conducted as specialised operations. TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 17 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 3. Regulatory impact assessment (RIA) Therefore, as described in more detail in Section 2.4.32, in terms of safety impact, it makes no difference whether sailplane towing, competition and aerobatic flights are assigned as specialised operations or not. The overall safety impact of both sub-options is considered neutral. The safety impact is summarised in Table 3. Table 3 — Safety impact Type of Option 0 Sub-option Sub-option Sub-option Sub-option Sub-option impact 1.1 1.2 1.3 1.4 1.5 No policy Additional Common rules Common rules Extended Limited scope change rules for for all for all scope of of sailplane commercial operations, operations sailplane specialised operations declaration without specialised operations for declaration operations commercial operations Safety Safety risks Safety Safety Negative Safety Safety impact are mitigated. benefits as in benefits as in impact on benefits due benefits as in Option 0 Option 0 safety, to risk Option 1.4, hampering the assessment because of oversight and a checklist equivalent level of safety measures 0 0 0 -1 0 0 3.4.2. Social impact The social impact is analysed from the perspective of the effect on the labour market and employment as regards the sailplane community33. Option 0: The complex and to some extent overregulating requirements of Regulation (EU) No 965/2012 may lead to a negative effect on employment and the labour market as regards sailplane production and maintenance. Some of the existing operators and pilots may cease their activities due to the demanding requirements. Therefore, the overall impact is considered very low negative. Option 1: Simplified rules will not bring additional social benefits, but keep stability for gliding clubs and pilots, in terms of social aspect. Possible negative impact that might be expected from the requirements of Regulation (EU) No 965/2012 will be overcome. In addition, it is expected that the simplified rules could increase the attractiveness of sailplane activities among interested persons (e.g. persons considering to become a pilot). The overall impact is considered neutral for all Sub-options 1.1, 1.2, 1.3, 1.4 and 1.5. The social impact is summarised in Table 4. 32 See in Section 2.4. under the sub-heading ‘Sailplane specialised operations’. 33 EC Better Regulation Guidelines (http://ec.europa.eu/smart-regulation/guidelines/ug_chap3_en.htm). TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 18 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 3. Regulatory impact assessment (RIA) Table 4 — Social impact Type of Option 0 Sub-option Sub-option Sub-option Sub-option Sub-option impact 1.1 1.2 1.3 1.4 1.5 No policy Additional Common Common rules Extended Limited scope change rules for rules for all for all scope of of sailplane commercial operations, operations sailplane specialised operations declaration without specialised operations for declaration operations commercial operations Social Negative Stability in performing sailplane activities from a social point of view impact impact on the employment and the sailplane labour market -1 0 0 0 0 0 3.4.3. Economic impact Option 0: The regulatory costs associated with sailplane operations under the Regulation (EU) No 965/2012 is considered high, when considering the simplicity of the aircraft and its operation. This holds for all operations as regards administrative burden in different areas (e.g. specialised operations and dangerous goods). But this is even more relevant for commercial operations, where e.g. an AOC is required and a management system has to be established. On the other hand, however, the number of commercial operations in the EASA Member States is very marginal (see Section 3.1.). Taking the latter into account, the overall impact is considered low negative. Option 1: Compared to Option 0 and in general terms, the revised and simplified rules, adapted to the level of complexity of the activity, provide an economic benefit. However, one has to distinguish between the different sub-options: Sub-option 1.1: Even though the rules will be simplified, introducing an additional and separate set of rules for commercial operations would not completely resolve the issue of overregulating. Having in mind that even for commercial operations only one passenger can be carried, such a set of rules would not be appropriate to the level of complexity of the commercial operation. Although, as of today, there are almost no commercial sailplane operators in the market (see Section 3.1.), an additional set of rules for commercial operations would have a negative impact on such operations. Therefore, despite having simplified rules, the overall positive impact will be neutralised. Sub-option 1.2: As regards commercial operations, for both, sailplane operators and competent authorities, the administrative burden and the associated costs are expected to be lower for a declaration than for an AOC, the latter required by Regulation (EU) No 965/2012. Overall, the economic impact of Sub-option 1.2 is considered low positive. Sub-option 1.3: Not requiring a declaration for commercial sailplane operations would result in slightly lower costs for operators compared to Sub-option 1.2. On the other hand, not being provided with a declaration might have a negative impact on the competent authorities which may need more TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 19 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 3. Regulatory impact assessment (RIA) resources to ensure an appropriate level of oversight. For non-commercial operations there is no difference to Sub-option 1.2. The overall economic impact is the same as for Sub-option 1.2, namely low positive. Sub-option 1.4: A negative economic impact might be expected for the additional specialised operations, namely sailplane towing, competition and aerobatic flights. This is, because the requirements would impose additional actions (risk assessment and checklist) as regards these activities, respectively more costs. Although this additional burden exists, the overall economic impact is still very low positive. Sub-option 1.5: Compared to the previous sub-option, sailplane towing, competition and aerobatic flights are considered normal flights and would not constitute any additional cost as regards the risk assessment and the checklist. Therefore, the overall impact is higher than for Sub-option 1.4, namely low positive. The economic impact is summarised in Table 5. Table 5 — Economic impact Type of Option 0 Sub-option Sub-option Sub-option Sub-option Sub-option impact 1.1 1.2 1.3 1.4 1.5 No policy Additional Common rules Common rules Extended Limited scope change rules for for all for all scope of of sailplane commercial operations, operations sailplane specialised operations declaration without specialised operations for declaration operations commercial operations Economic Requirements Simplified Proportionate Proportionate Extended Limited scope impact pose rules. requirements. requirements. scope leads to leads to administrative Nevertheless, Declaration is In total, not additional reduced costs burden additional considered requiring a costs for for sailplane rules might neutral as declaration is sailplane towing, result in regards the considered towing, competition more costly costs. neutral as it competition and aerobatic commercial leads to a and aerobatic flights. operations. balance flights. between benefits and costs. -2 0 +2 +2 +1 +2 3.4.4. GA and proportionality issues The assessment under the current criterion is made on the basis of alignment with the GA Road Map, including proportionality issues34. Option 0: As described in Section 2.1., the regulatory framework for the operations of sailplanes as laid down in Regulation (EU) No 965/2012 is considered being too complex and, therefore, not in line with 34 It should be noted that proportionality issues as regards economic impacts have been covered in Section 3.4.3. TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 20 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 3. Regulatory impact assessment (RIA) the GA Road Map. Overall, it can be stated that the said Regulation would have high negative impact on the sailplane community. Option 1: The new rules are in line with the principles of the GA Road Map. However, again one has to distinguish between the different sub-options. Sub-option 1.1: This sub-option requires additional rules for commercial operations. However, in any case, only one passenger can be carried and the risks involved in general is the same for both, non- commercial and a commercial operations. Therefore, this sub-option would not be entirely in line with the GA Road Map. The overall result is a very low positive impact. Sub-option 1.2: This sub-option is in line with the GA Road Map, establishing simpler, ‘better’ and proportionate rules for the GA community. Therefore, it would result in a medium positive impact. Sub-option 1.3: Same as for Sub-option 1.2. Sub-option 1.4: This sub-option might create a risk of overregulation as regards specialised operations. Therefore, it is not entirely in line with the GA Road Map and has a low positive impact. Sub-option 1.5: This sub-option is in line with the GA Road Map, since specific operations are not overregulated, but considered normal operations. Therefore, it would result in a medium positive impact. The GA and proportionality issues are summarised in Table 6. Table 6 — GA and proportionality issues Type of impact Option 0 Sub-option Sub-option Sub-option Sub-option Sub-option 1.1 1.2 1.3 1.4 1.5 No policy Additional Common Common Extended Limited change rules for rules for all rules for all scope of scope of commercial operations, operations sailplane sailplane operations declaration without specialised specialised for declaration operations operations commercial operations GA and Not in line Risk of In line with In line with Risk of In line with proportionality with the GA overregulating the GA Road the GA Road overregulating the GA Road impact Road Map commercial Map Map specific Map operations operations -4 +1 +3 +3 +2 +3 3.5. Conclusion — Comparison of options As summarised in Table 7, Option 1 offers the most positive impacts across the different domains. It will allow the implementation of proportionate requirements for sailplane operations. The sub-options of Option 1 cover two different issues: 1. Segregation of commercial and non-commercial sailplane operations: The question is whether or not additional requirements for commercial operations, reflecting the specificities of commercial operations, are needed. This issue was analysed in Sub-options 1.1, 1.2 and 1.3. TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 21 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 3. Regulatory impact assessment (RIA) 2. Treatment of sailplane towing, competition and aerobatic flights: The question is whether these operations need to be considered specialised operations or not. This issue was analysed in Sub-options 1.4 and 1.5. The RIA demonstrates that the preferred policy options are the combination of: — Sub-option 1.2: common rules for-commercial and non-commercial operations, with a declaration for commercial operations; and — Sub-option 1.5: limited scope of sailplane specialised operations. The combination of these two sub-options will deliver maximum benefits by providing a cost-efficient and proportionate regulatory framework for sailplane operations with sustainable safety benefits and by establishing a uniform level of safety in Europe. Table 7 — Summary of impacts per criteria and option Type of Option 0 Sub-option Sub-option Sub-option Sub-option Sub-option impact 1.1 1.2 1.3 1.4 1.5 No policy Additional Common rules Common Extended Limited change rules for for all rules for all scope of scope of commercial operations, operations sailplane sailplane operations declaration without specialised specialised for declaration operations operations commercial operations Safety 0 0 0 -1 0 0 Social -1 0 0 0 0 0 Economic -2 0 +2 +2 +1 +2 GA -4 +1 +3 +3 +2 +3 Total -7 +1 +5 +4 +3 +5 Preferred No No Yes No No Yes option Cologne, 23 August 2017 [signed by] Patrick KY Executive Director TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 22 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 4. References 4. References 4.1. Affected regulations — Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1) 4.2. Related decisions — Decision 2014/015/R of the Executive Director of the Agency of 24 April 2014 adopting Acceptable Means of Compliance and Guidance Material to Part-CAT of Commission Regulation (EU) No 965/2012 and repealing Decision 2012/018/R of the Executive Director of the Agency of 24 October 2012 — ‘AMC and GM to Part-CAT — Issue 2’ — Decision 2014/016/R of the Executive Director of the Agency of 24 April 2014 adopting Acceptable Means of Compliance and Guidance Material to Part-NCO of Commission Regulation (EU) No 965/2012 and repealing Decision 2013/022/R of the Executive Director of the Agency of 23 August 2013 — ‘AMC and GM to Part-NCO — Issue 2’ — Decision 2014/017/R of the Executive Director of the Agency of 24 April 2014 adopting Acceptable Means of Compliance and Guidance Material to Part-ORO of Commission Regulation (EU) No 965/2012 and repealing Decision 2012/017/R of the Executive Director of the Agency of 24 October 2012 — ‘AMC and GM to Part-ORO — Issue 2’ — Decisions 2014/018/R of the Executive Director of the Agency of 24 April 2014 adopting Acceptable Means of Compliance and Guidance Material to Part-SPO of Commission Regulation (EU) No 965/2012 — ‘AMC and GM to Part-SPO’ — Decision 2014/025/R of the Executive Director of the Agency of 28 July 2014 adopting Acceptable Means of Compliance and Guidance Material to Part-ARO of Commission Regulation (EU) No 965/2012 and repealing Decision 2014/014/R of the Executive Director of the Agency of 24 April 2014 — ‘AMC and GM to Part-ARO — Issue 3’ All Decisions are available at http://easa.europa.eu/agency-measures/agency-decisions.php. TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 23 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 5. Appendices 5. Appendices 5.1. Appendix 1 — Comparison between draft new rules in Annex II (Part-SAO) and existing rules Table A1.1 — Comparison between points in the draft new Annex II (Part-SAO) and existing points in Regulation (EU) No 965/2012 New paragraph Existing paragraph Comparison Subpart GEN — General requirements SAO.GEN.100 Scope Not applicable New text SAO.GEN.105 Competent authority NCO.GEN.100 Text adapted to ensure legal certainty SAO.GEN.110 Demonstration of NCO.GEN.101 Text adapted to ensure legal certainty compliance SAO.GEN.115 Introductory flights NCO.GEN.103 Text adapted to fit for sailplanes SAO.GEN.120 Immediate reaction to a NCO.GEN.145 Text adapted to ensure legal certainty safety problem SAO.GEN.125 Designation of the pilot-in- Not applicable New text to ensure legal certainty command SAO.GEN.130 Responsibilities of the NCO.GEN.105 Text adapted to fit for sailplanes pilot-in-command SAO.GEN.135 Responsibilities of crew NCO.SPEC.115 Text adapted and simplified members SAO.GEN.140 Compliance with laws, NCO.GEN.110 Text adapted to ensure legal certainty regulations and procedures SAO.GEN.145 Portable electronic devices NCO.GEN.125 Text adapted and simplified SAO.GEN.150 Dangerous goods NCO.GEN.140 Text adapted and simplified SAO.GEN.155 Documents, manuals and NCO.GEN.135 Text adapted to fit for sailplanes information to be carried SAO.GEN.160 Journey log NCO.GEN.150 Text adapted to fit for sailplanes Subpart OP — Operating procedures SAO.OP.100 Use of aerodromes and NCO.OP.100 Only one editorial change (‘sailplane’ operating sites instead of ‘aircraft’) SAO.OP.105 Noise abatement NCO.OP.120 Text adapted to fit for sailplanes procedures — powered sailplanes SAO.OP.110 Passenger briefing NCO.OP.130 Only minor editorial changes SAO.OP.115 Carriage of special categories CAT.OP.NMPA.115 Text transferred from Part-CAT of Reg. of passengers (SCPs) 965/2012, and adapted to fit for sailplanes SAO.OP.120 Flight preparation NCO.OP.135 Text adapted to fit for sailplanes SAO.OP.125 Refuelling with persons on NCO.OP.145 Text adapted to fit for sailplanes board — powered sailplanes SAO.OP.130 Smoking on board NCO.OP.156 Text adapted to fit for sailplanes TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 24 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 5. Appendices New paragraph Existing paragraph Comparison SAO.OP.135 Meteorological conditions NCO.OP.160 Text adapted and simplified SAO.OP.140 Ice and other contaminants — NCO.OP.165 Editorial changes (e.g. ‘sailplane’ instead of ground procedures ‘aircraft’) SAO.OP.145 In-flight fuel or other energy NCO.OP185 Text adapted to fit for sailplanes management — powered sailplanes SAO.OP.150 Use of supplemental oxygen NCO.OP.190 Text changed into a performance-based rule. Specifics transferred to the AMC. SAO.OP.155 Sailplane specialised NCO.SPEC.105 Text adapted to ensure legal certainty operations — checklist Subpart POL — Performance and operating limitations SAO.POL.100 Weighing NCO.POL.105 Text adapted to ensure legal certainty SAO.POL.105 Performance — General NCO.POL.110 Text adapted to ensure legal certainty Subpart IDE — Instruments, data and equipment SAO.IDE.100 Instruments and equipment NCO.IDE.S.100 Text adapted to fit for sailplanes — general SAO.IDE.105 Flight and navigational NCO.IDE.S.115/ Two points merged and text adapted instruments NCO.IDE.S.120 SAO.IDE.110 Operating lights NCO.IDE.A.115 Text adapted to fit for sailplanes SAO.IDE.115 Supplemental oxygen NCO.IDE.S.130 Editorial changes SAO.IDE.120 Live-saving and signalling NCO.IDE.S.135 Text changed into a performance-based equipment — Flight over water rule. Specifics transferred to the AMC. SAO.IDE.125 Live-saving and signalling NCO.IDE.S.140 Minor editorial changes equipment — Search and rescue difficulties SAO.IDE.130 Radio communication NCO.IDE.S.145 Text adapted to ensure legal certainty. equipment Point (b) transferred to the AMC. SAO.IDE.135 Transponder NCO.IDE.S.155 Text adapted to ensure legal certainty Subpart DEC — Declaration SAO.DEC.100 Declaration Points (a) to (c) of Text adapted to ensure legal certainty ORO.DEC.100 SAO.DEC.105 Changes to the declaration Points (d) and (e) of Text adapted to ensure legal certainty and cessation of commercial operations ORO.DEC.100 TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 25 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 5. Appendices 5.2. Appendix 2 — Information gathered for the RIA Table A2.1 — Status of the information on sailplane sector for EASA Member States 35 36 Safety occurrences Operations Number of Number of State Fatal Non-fatal Total Fatalities sailplanes flights Austria 1 18 19 1 4 306 99 030 Belgium no data 5 5 no data 450 58 000 Bulgaria no data no data no data no data no data no data Croatia 1 3 4 1 44 no data Cyprus no data no data no data no data no data no data Czech Republic 2 68 70 2 600 83 400 Denmark 1 23 24 1 465 63 320 Estonia no data no data no data no data no data no data Finland 1 10 11 1 359 35 500 France 18 66 84 21 2 125 214 552 Germany 44 368 412 49 10 970 876 000 Greece 1 no data 1 1 no data no data Hungary no data 13 13 no data 315 39 659 Iceland no data no data no data no data 10 1 000 Ireland no data 1 1 no data 14 800 Italy 2 13 15 3 no data no data Latvia no data no data no data no data 39 no data Liechtenstein no data no data no data no data no data no data Lithuania 1 6 7 1 142 no data Luxembourg no data 1 1 no data 8 1 350 Malta no data no data no data no data 0 0 Netherlands 3 23 26 3 600 138 692 Norway 1 7 8 1 89 6 200 Poland 8 67 75 9 783 159 791 Portugal no data 1 1 no data 69 No data Romania no data 3 3 no data no data 42 220 Slovakia no data 9 9 no data 269 17 000 Slovenia no data 4 4 no data 145 7 500 Spain 1 8 9 1 248 no data Sweden 1 11 12 1 324 30 139 Switzerland 12 29 41 13 1 200 80 000 United Kingdom 11 159 170 13 1 984 240 000 Total 109 916 1 025 122 25 558 2 194 153 35 In the time frame 2012–2016. 36 For the last reporting year (depending on the EASA Member State, either 2016 or 2015). TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 26 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 5. Appendices Figure A2.1 — Number of sailplanes by country for the last reporting year (2016 or 2015) TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 27 of 28 An agency of the European Union European Aviation Safety Agency Opinion No 07/2017 5. Appendices Figure A2.2 — Number of sailplane flights by country for the last reporting year (2016 or 2015) TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 28 of 28 An agency of the European Union DRAFT ANNEXES to draft Commission Regulation (EU) …/… laying down detailed rules for the operation of sailplanes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council ANNEX I DEFINITIONS [PART-DEF] For the purpose of Annex II, the following definitions shall apply: 1. ‘acceptable means of compliance (AMC)’ means non-binding standards adopted by the Agency to illustrate means to establish compliance with Regulation (EC) No 216/2008 and its implementing rules; 2. ‘alternative means of compliance (AltMoC)’ means those means that propose an alternative to an existing AMC or those that propose new means to establish compliance with Regulation (EC) No 216/2008 and its implementing rules for which no associated AMC have been adopted by the Agency; 3. ‘pilot-in-command’ means the pilot designated as being in command and charged with the safe conduct of the flight; 4. ‘aircraft flight manual (AFM)’ means the document containing the applicable and approved operating limitations and information with respect to the sailplane; 5. 'psychoactive substances' means alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded; 6. ‘critical phases of flight’ means take-off run, take-off flight path, final approach, missed approach, landing, including landing roll, and any other phases of flight which the pilot-in-command determines as critical for the safe operation of the sailplane; 7. ‘operating site’ means a site, other than an aerodrome, selected by the pilot-in- command or the operator for landing or take-off; 8. ‘crew member’ means a person assigned by an operator to perform duties on board the sailplane, when not the pilot-in-command himself or herself, under the authority of the pilot-in-command; 9. ‘dangerous goods’ means articles or substances which are capable of posing a risk to health, safety, property or the environment and which are shown in the list of dangerous goods in the technical instructions or which are classified according to those instructions; Page 1 of 13 10. ‘technical instructions’ means the latest effective edition of the 'Technical instructions for the safe transport of dangerous goods by air', including the supplement and any addenda, published by ICAO in document 9284-AN/905; 11. ‘powered sailplane’ means a sailplane equipped with one or more engines having, with engine(s) inoperative, the characteristics of a sailplane; 12. ‘sailplane specialised operation’ means any operation, which can be commercial or non-commercial, with a sailplane the main purpose of which is not associated with typical sport and recreational operations, but parachute operations, news media flights, television or movie flights, flying display or similar specialised activities; 13. ‘night’ means the period between the end of evening civil twilight and the beginning of morning civil twilight. Civil twilight ends in the evening when the centre of the sun's disc is 6 degrees below the horizon and begins in the morning when the centre of the sun's disc is 6 degrees below the horizon; Page 2 of 13 ANNEX II SAILPLANE AIR OPERATIONS [PART-SAO] SUBPART GEN GENERAL REQUIREMENTS SAO.GEN.100 Scope In accordance with Article 3, this Subpart establishes the requirements to be met by any operator of sailplanes, other than design or production organisations referred to in the second subparagraph of Article 3(1). SAO.GEN.105 Competent authority The competent authority shall be the authority designated by the Member State where the operator has its principal place of business or, where the operator has no principal place of business, the place where the operator is established or resides. That authority shall be subject to the requirements of Article 3 of Regulation (EU) No 965/2012 in accordance with Article 1(7) of that Regulation SAO.GEN.110 Demonstration of compliance (a) An operator shall, when so requested by the competent authority which is verifying continued compliance by the operator in accordance with point ARO.GEN.300(a)(2) of Annex II to Regulation (EU) No 965/2012, demonstrate compliance with the essential requirements set out in Annex IV to Regulation (EC) No 216/2008 and with the requirements of this Regulation. (b) The operator shall use either of the following means to demonstrate such compliance: (1) acceptable means of compliance (AMC); (2) alternative means of compliance (AltMoC). SAO.GEN.115 Introductory flights Introductory flights shall be: (a) operated under visual flight rules (VFR) by day; and (b) overseen as regards their safety by a person who has been nominated by the organisation responsible for the introductory flights. SAO.GEN.120 Immediate reaction to a safety problem The operator shall implement: Page 3 of 13 (a) safety measures mandated by the competent authority in accordance with point (c) of point ARO.GEN.135 of Annex II to Regulation (EU) No 965/2012; and (b) airworthiness directives and other mandatory information issued by the Agency in accordance with point (j) of Article 20(1) of Regulation (EC) No 216/2008. SAO.GEN.125 Designation of the pilot-in-command The operator shall designate a pilot-in-command who is qualified to act as pilot-in-command in accordance with Annex I to Regulation (EU) No 1178/2011. SAO.GEN.130 Responsibilities of the pilot-in-command The pilot-in-command shall: (a) be responsible for the safety of the sailplane and of any additional person on board during sailplane operations; (b) be responsible for the initiation, continuation or termination of a flight in the interest of safety; (c) ensure that all applicable operational procedures and checklists are complied with; (d) only commence a flight if he or she is satisfied that all operational requirements are complied with, as follows: (1) the sailplane is airworthy; (2) the sailplane is duly registered; (3) instruments and equipment required for the execution of the flight are carried on board the sailplane and are operative; (4) the mass of the sailplane and the centre of gravity location are such that the flight can be conducted within the limits defined by the aircraft flight manual (AFM); (5) all equipment and baggage are properly loaded and secured, and an emergency evacuation remains possible; and (6) the operating limitations of the sailplane, as specified in the AFM, will not be exceeded at any time during the flight; (e) ensure that the pre-flight inspection has been carried out as required by Annex I to Commission Regulation (EU) No 1321/2014 (1); (f) not commence a flight when he or she is incapacitated from performing duties by any cause, including injury, sickness, medication, fatigue or the effects of any psychoactive substance, or feels otherwise unfit; (g) refuse carriage of or disembark any person or baggage that may represent a potential hazard to the safety of the sailplane or any person carried therein; (h) not allow a person to be carried in the sailplane who appears to be under the influence of psychoactive substances to the extent that the safety of the sailplane or the persons therein is likely to be endangered; (1) Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1). Page 4 of 13 (i) ensure that during critical phases of flight or whenever deemed necessary in the interest of safety, all persons on board are seated and have their safety belt fastened; (j) during flight: (1) keep his or her safety belt fastened; and (2) remain at the control of the sailplane at all times except if another pilot is taking the controls; (k) take any action in an emergency situation that requires immediate decision and action which he or she considers necessary under the circumstances. In such cases, he or she may deviate from rules, operational procedures and methods to the extent necessary in the interest of safety; (l) not continue a flight beyond the nearest weather-permissible aerodrome or operating site, when his or her capacity to perform his or her duties is significantly reduced because of sickness, fatigue or lack of oxygen or any other cause; (m) record utilisation data and all known or suspected defects in the sailplane at the termination of the flight, or series of flights, in the aircraft technical log or journey log; (n) notify the safety investigation authority of the State in the territory of which the occurrence took place and the emergency services of that State without delay by the quickest available means of any accident or serious incident involving the sailplane; (o) submit a report of an act of unlawful interference without delay to the competent authority and inform the local authority designated by the State in the territory of which the unlawful interference took place; and (p) report to the appropriate air traffic services (ATS) unit, without delay, any hazardous weather or flight conditions encountered that are likely to affect the safety of other aircraft. SAO.GEN.135 Responsibilities of crew members (a) Any crew member shall be responsible for the proper execution of his or her duties in respect of the operation of the sailplane. (b) Any crew member shall not perform duties on a sailplane when incapacitated by any cause, including injury, sickness, medication, fatigue or the effects of any psychoactive substance, or if he or she feels otherwise unfit. (c) Any crew member shall report to the pilot-in-command both of the following: (1) any fault, failure, malfunction or defect, which he or she believes may affect the airworthiness or safe operation of the sailplane, including emergency systems; (2) any incident. SAO.GEN.140 Compliance with laws, regulations and procedures (a) The pilot-in-command and any other crew member shall comply with the laws, regulations and procedures of those States where operations are conducted. (b) The pilot-in-command shall be familiar with the laws, regulations and procedures, pertinent to the performance of his or her duties, prescribed for the areas to be Page 5 of 13 traversed, the aerodromes or operating sites to be used and the related air navigation facilities. SAO.GEN.145 Portable electronic devices The pilot-in-command shall not permit any person to use a portable electronic device (PED) on board a sailplane that adversely affects the performance of the sailplane’s systems and equipment or the ability to operate it. SAO.GEN.150 Dangerous goods (a) The pilot-in-command shall not permit any person to carry dangerous goods on board. (b) Reasonable quantities of articles and substances that would otherwise be classified as dangerous goods and that are used to facilitate flight safety, where carriage aboard the sailplane is advisable to ensure their timely availability for operational purposes, shall be considered authorised. SAO.GEN.155 Documents, manuals and information to be carried (a) All of the following documents, manuals and information shall be carried on each flight as originals or copies: (1) the AFM, or equivalent document(s); (2) details of the filed ATS flight plan, when required in accordance with Section 4 of the Annex to Commission Implementing Regulation (EU) No 923/2012 (2); (3) current and suitable aeronautical charts for the area of the intended flight; (4) any other documentation that may be pertinent to the flight or is required by the States concerned with the flight; (5) procedures and visual signals information for use by intercepting and intercepted aircraft. (b) In addition, when a declaration is required in accordance with point SAO.DEC.100, a copy of the declaration shall be carried on each flight. (c) When not carried on board, all of the following documents, manuals and information shall remain available at the aerodrome or operating site as originals or copies: (1) the certificate of registration; (2) the certificate of airworthiness, including the annexes; (3) the airworthiness review certificate; (4) the noise certificate, if a noise certificate has been issued for a powered sailplane; (5) the aircraft radio licence, where the sailplane is equipped with radio communication equipment in accordance with point SAO.IDE.130; (6) the third-party liability insurance certificate(s); (2) Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (OJ L 281, 13.10.2012, p. 1). Page 6 of 13 (7) the journey log or equivalent. (d) By way of derogating from points (a) and (b), the documents, manuals and information specified there may be retained at the aerodrome or operating site for flights: (1) intending to remain within the sight of the aerodrome or operating site; or (2) remaining within a distance or area determined by the competent authority. (e) When requested by the competent authority, the pilot-in-command or the operator shall make available to that authority the original documentation in the time period specified by the authority which shall not be less than 24 hours. SAO.GEN.160 Journey log For each flight, or series of flights, particulars of the sailplane, its crew and each journey shall be retained in the form of a journey log or an equivalent document. SUBPART OP OPERATING PROCEDURES SAO.OP.100 Use of aerodromes and operating sites The pilot-in-command shall only use aerodromes and operating sites that are adequate for the type of sailplane and operation concerned. SAO.OP.105 Noise abatement procedures — powered sailplanes The pilot-in-command shall take into account operating procedures to minimise the effect of powered sailplane noise, while ensuring that safety has priority over noise abatement. SAO.OP.110 Passenger briefing The pilot-in-command shall ensure that before and, when appropriate, during the flight, the passenger is given a briefing on normal, abnormal and emergency procedures. SAO.OP.115 Carriage of special categories of passengers The pilot-in-command shall ensure that persons requiring special conditions, assistance or devices when carried on board a sailplane are carried under conditions that ensure the safety of the sailplane and of any person or property carried therein. SAO.OP.120 Flight preparation Before commencing a flight, the pilot-in-command shall ensure all of the following: (a) the facilities required for the safe operation of the sailplane are adequate for the type of operation under which the flight is to be conducted; (b) meteorological conditions will allow the flight to be completed safely; Page 7 of 13 (c) in the case of a powered sailplane and when the engine is intended to be used, the quantity of fuel or other energy is sufficient to allow the flight to be completed safely. SAO.OP.125 Refuelling and recharging or changing of batteries with persons on board — powered sailplanes When a passenger is on board a powered sailplane: (a) the sailplane shall not be refuelled; and (b) the batteries used for propulsion shall not be recharged or changed. SAO.OP.130 Smoking on board No person shall smoke on board a sailplane during any phase of flight. SAO.OP.135 Meteorological conditions The pilot-in-command shall only commence or continue a flight if the latest available meteorological information indicates that a safe landing option remains available. SAO.OP.140 Ice and other contaminants — ground procedures The pilot-in-command shall only commence take-off if the sailplane is clear of any deposit that might adversely affect the performance or controllability of the sailplane, except when permitted in the AFM. SAO.OP.145 In-flight fuel or other energy management — powered sailplanes For powered sailplanes, the pilot-in-command shall check at regular intervals during the flight that the amount of usable fuel or other energy available is not less than that needed to ensure a safe landing. SAO.OP.150 Use of supplemental oxygen The pilot-in-command shall ensure that all persons on board use supplemental oxygen whenever he or she determines that, at the altitude of the intended flight, lack of oxygen might result in impairment of their faculties or harmfully affect them. SAO.OP.155 Sailplane specialised operations (a) Before commencing a sailplane specialised operation or a series thereof, the pilot-in- command shall conduct a risk assessment, assessing the complexity of the activity in order to determine the hazards and associated risks of the intended operation and establish mitigating measures where necessary. (b) A sailplane specialised operation shall be performed in accordance with a checklist. The pilot-in-command shall establish that checklist and ensure that it is appropriate to the specialised activity and sailplane used, based on the risk assessment and taking account of all requirements set out in this Annex. The checklist shall be readily accessible on each flight to the pilot-in-command and any other crew member, where it is relevant for the performance of their duties. Page 8 of 13 (c) The pilot-in-command shall regularly review and update the checklist where necessary in order to adequately take account of the risk assessment. SUBPART POL PERFORMANCE AND OPERATING LIMITATIONS SAO.POL.100 Weighing (a) The weighing of the sailplane shall be accomplished by the manufacturer of the sailplane or in accordance with Annex I to Regulation (EU) No 1321/2014. (b) The operator shall ensure that the mass of the sailplane has been established by actual weighing prior to its initial entry into service. The accumulated effects of modifications and repairs on the mass shall be accounted for and properly documented. Such information shall be made available to the pilot-in-command. The sailplane shall be reweighed if the effects of modifications or repairs on the mass are not known. SAO.POL.105 Performance — general The pilot-in-command shall only operate the sailplane if the performance of the sailplane is adequate to comply with the requirements set out in the Annex to Implementing Regulation (EU) No 923/2012 and any other restrictions applicable to the flight, the airspace, aerodromes or operating sites used, ensuring that any charts or maps used are the latest available edition. SUBPART IDE INSTRUMENTS, DATA AND EQUIPMENT SAO.IDE.100 Instruments and equipment — general (a) Instruments and equipment required by this Subpart shall be approved in accordance with Annex I to Regulation (EU) No 748/2012 or, when registered in a third country, with the airworthiness requirements of the state of registry, if one of the following conditions is fulfilled: (1) they are used by the flight crew to control the flight path; (2) they are used to comply with points SAO.IDE.130 or SAO.IDE.135; (3) they are permanently installed in the sailplane. (b) By way of derogation from point (a), all of the following instruments or equipment, when required by this Subpart, shall not need an approval: (1) independent portable lights; (2) an accurate timepiece; (3) survival and signalling equipment. Page 9 of 13 (c) Instruments and equipment shall be readily operable or accessible from the station where either the pilot-in-command or any other crew member, who needs to use them, is seated. SAO.IDE.105 Flight and navigational instruments (a) Sailplanes shall be equipped with a means of measuring and displaying all of the following: (1) time in hours and minutes; (2) pressure altitude; (3) indicated airspeed; (4) in the case of powered sailplanes, magnetic heading. (b) In addition to (a), when operating in conditions where the sailplane cannot be maintained on a desired flight path without reference to one or more additional instruments, when conducting cloud flying or when operating at night, sailplanes shall be equipped with means of measuring and displaying both of the following: (1) vertical speed; (2) attitude or turn and slip; (3) magnetic heading. SAO.IDE.110 Operating lights Sailplanes operated at night shall be equipped with all of the following: (a) an anti-collision light system; (b) navigation/position lights; (c) a landing light; (d) lighting supplied from the sailplane’s electrical system to provide adequate illumination for all instruments and equipment essential to the safe operation of the sailplane; (e) an independent portable light for the pilot-in-command and any other crew member station. SAO.IDE.115 Supplemental oxygen Sailplanes operated, when an oxygen supply is required in accordance with point SAO.OP.150, shall be equipped with oxygen storage and dispensing apparatus capable of storing and dispensing the required oxygen supplies. SAO.IDE.120 Life-saving and signalling equipment — flights over water The pilot-in-command of a sailplane operated over water shall determine, before commencing the flight, the risks to survival of any person carried in the sailplane in the event of ditching. In light of those risks, he or she shall determine whether there is a need to carry life-saving and signalling equipment. Page 10 of 13 SAO.IDE.125 Life-saving and signalling equipment — search and rescue difficulties Sailplanes operated over areas in which search and rescue (SAR) would be especially difficult shall be equipped with such life-saving and signalling equipment as appropriate to the area overflown. SAO.IDE.130 Radio communication equipment Sailplanes shall have radio communication equipment to allow for the communication required in accordance with Appendix 4 to the Annex to Implementing Regulation (EU) No 923/2012, and, if the flight takes place in the airspace of a third country, the law of that third country. SAO.IDE.135 Transponder Sailplanes shall have a secondary surveillance radar (SSR) transponder with all the capabilities required in accordance with point (b) of point SERA.6005 of the Annex to Implementing Regulation (EU) No 923/2012, and, if the flight takes places in airspace of a third country, the law of that third country. SUBPART DEC DECLARATION SAO.DEC.100 Declaration (a) In the declaration referred to in the second subparagraph of Article 3(2), the operator shall confirm that the operator complies and will continue to comply with the essential requirements set out in Annex IV to Regulation (EC) No 216/2008 and with the requirements of this Regulation. (b) The operator shall include in the declaration all of the following information: (1) the name of the operator; (2) the place where the operator has its principal place of business; (3) the contact details of the operator; (4) the starting date of the commercial operation and, where relevant, the date at which the change to an existing commercial operation takes effect; (5) in respect of all sailplanes used for the commercial operation, the sailplane type, registration, main base, type of operation and continuing airworthiness management organisation. (c) The operator shall notify to the competent authority the list of AltMoC (annexed to the declaration), where it intends to use AltMoC to demonstrate compliance when so requested in accordance with point SAO.GEN.110. That list shall contain references to the AMC which they replace in case associated AMC have been adopted by the Agency. Page 11 of 13 (d) When making the declaration, the operator shall use the form contained in the Appendix to this Annex. SAO.DEC.105 Changes to the declaration and cessation of commercial operations (a) The operator shall notify the competent authority without delay of any changes in circumstances affecting its compliance with the essential requirements set out in Annex IV to Regulation (EC) No 216/2008 and with the requirements of this Regulation, as declared to the competent authority, and of any changes in respect of the information referred to in point SAO.DEC.100(b) and the list of AltMoC referred to in point SAO.DEC.100(c), as included in or annexed to the declaration. (b) The operator shall notify the competent authority without delay when it is no longer engaged in commercial operations with sailplanes. Appendix DECLARATION in accordance with Commission Regulation (EU) …/... Operator Name: Place where the operator has its principal place of business: Contact details: Sailplane operation Starting date of commercial operation and, where relevant, date of change to existing commercial operation: Information on sailplane(s) used, commercial operation(s) and continuing airworthiness management:1 Sailplane type Sailplane Main base Type(s) of Continuing registration operation2 airworthiness management organisation3 Where applicable, list of AltMoC with references to the associated AMC (annex to the Page 12 of 13 declaration): Statements ⎕ The operator complies, and will continue to comply, with the essential requirements set out in Annex IV to Regulation (EC) No 216/2008 and with the requirements of Regulation (EU) …/…. In particular, the operator conducts its commercial operations in accordance with the following requirements of Annex II to Regulation (EU) …/…: ⎕ All sailplanes operated have a certificate of airworthiness4 issued in accordance with Regulation (EU) No 748/2012. ⎕ Any pilot holds a license and ratings issued or accepted in accordance with Annex I to Regulation (EU) No 1178/2011, as required by point SAO.GEN.125 of Annex II. ⎕ The operator will notify to the competent authority any changes in circumstances affecting its compliance with the essential requirements set out in Annex IV to Regulation (EC) No 216/2008 and with the requirements of Regulation (EU) …/…. as declared to the competent authority through this declaration and any changes to the information and lists of AltMoC included in and annexed to this declaration, as required by point SAO.DEC.100(c) of Annex II. ⎕ The operator confirms that all information included in this declaration, including its annexes, is complete and correct. Date, name and signature 1. Complete the table. If there is not enough space to list the information, it shall be listed in a separate annex. The annex shall be dated and signed. 2. ‘Type(s) of operation’ refers to the type of commercial operation conducted with the sailplane. 3. Information about the organisation responsible for the continuing airworthiness management shall include the name of the organisation, the address and the approval reference. 4. The certificate of airworthiness is a normal certificate of airworthiness, a restricted certificate of airworthiness or a permit to fly issued in accordance with the requirements of Annex I to Regulation (EU) No 748/2012. Page 13 of 13 EUROPEAN COMMISSION Brussels, XXX […](2017) XXX draft ANNEX II TO EASA OPINION No 07/2017 COMMISSION REGULATION (EU) No …/.. of XXX amending Commission Regulation (EU) No 965/2012 as regards the deletion of air operations requirements for sailplanes EN EN COMMISSION REGULATION (EU) …/.. of XXX amending Commission Regulation (EU) No 965/2012 as regards the deletion of air operations requirements for sailplanes THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (1), and in particular Article 8(5) thereof, Whereas: (1) Commission Regulation (EU) No 965/2012 (2) establishes the conditions for the safety of several types of air operations with different categories of aircraft, including sailplane operations. (2) Commission Regulation (EU) …/… (3) establishes specific rules for the operation of sailplanes. From the date of application of that Regulation, such operations should no longer be subject to the general rules for air operations laid down in Regulation (EU) No 965/2012. However, the rules in respect of oversight of air operations by the competent authorities of the Member States, set out in Article 3 of Regulation (EU) No 965/2012 and Annex II thereto, should continue to apply with respect to air operations with sailplanes, as those requirements are not specific to any particular air operation activity but apply horizontally in respect of all such activities. (3) Regulation (EU) No 965/2012 should therefore be amended accordingly, so as to take account of the new rules applicable to sailplane operations and to clarify the affected provisions of that Regulation where appropriate. (4) Considering the close link between them, the date of application of the amendments to Regulation (EU) No 965/2012 set out in this Regulation should be aligned with the date of application of Regulation (EU) …/…. (5) The Agency prepared draft implementing rules and submitted them as an opinion (4) to the Commission in accordance with point (b) of Article 17(2) and Article 19(1) of Regulation (EC) No 216/2008. (6) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of Regulation (EC) No 216/2008, ( 1) OJ L 79, 19.3.2008, p. 1. ( 2) Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1). ( 3) Commission Regulation (EU) …/… of … laying down detailed rules for the operation of sailplanes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council. ( 4) Opinion No 07/2017 of the European Aviation Safety Agency of 23 August 2017 for a draft Commission Regulation on the revision of the operational rules for sailplanes. EN 2 EN HAS ADOPTED THIS REGULATION: Article 1 Amendments to Regulation (EU) No 965/2012 Commisssion Regulation (EU) No 965/2012 is amended as follows: 1. Article 1 is amended as follows: (a) paragraphs 1, 2 and 3 are replaced by the following: ‘1. This Regulation lays down detailed rules for air operations with aeroplanes and helicopters, including ramp inspections of aircraft of operators under the safety oversight of another State when landed at aerodromes located in the territory subject to the provisions of the Treaties. 2. This Regulation also lays down detailed rules on the conditions for issuing, maintaining, amending, limiting, suspending or revoking the certificates of operators of aircraft referred to in points (b) and (c) of Article 4(1) of Regulation (EC) No 216/2008, except for balloons and sailplanes, engaged in commercial air transport operation, the privileges and responsibilities of the holders of certificates as well as conditions under which operations shall be prohibited, limited or subject to certain conditions in the interest of safety. 3. This Regulation also lays down detailed rules on the conditions and procedures for the declaration by operators engaged in commercial specialised operations of aeroplanes and helicopters or in non- commercial operation of complex motor-powered aircraft, including non- commercial specialised operations of complex motor-powered aircraft, of their capability and the availability of the means to discharge the responsibilities associated with the operation of aircraft, and for the oversight of such operators.’; (b) paragraph 7 is replaced by the following: ‘7. This Regulation shall not apply to air operations with balloons and sailplanes. However, in respect of such air operations with balloons, other than tethered gas balloons, and sailplanes, the requirements in respect of oversight of Article 3 shall apply.’; 2. Article 2 is amended as follows: ‘(1c) ‘sailplane’ means a heavier-than-air aircraft that is supported in flight by the dynamic reaction of the air against its fixed lifting surfaces, the free flight of which does not depend on an engine;’; 3. Article 5 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. Operators shall only operate an aeroplane or a helicopter for the purpose of commercial air transport (hereinafter ‘CAT’) operations as specified in Annexes III and IV.’; (b) in paragraph 2, point (b) is replaced by the following: EN 3 EN ‘(b) aeroplanes and helicopters used for the transport of dangerous goods (DG);’; (c) paragraph 4 is replaced by the following: ‘4. Operators of other-than complex motor-powered aeroplanes and helicopters involved in non-commercial operations, including non- commercial specialised operations, shall operate the aircraft in accordance with the provisions specified in Annex VII.’; (d) in paragraph 5, point (b) is replaced by the following: ‘(b) other aeroplanes and helicopters in accordance with the provisions specified in Annex VII.’; (e) paragraph 6 is replaced by the following: ‘6. Operators shall only operate an aeroplane or a helicopter for the purpose of commercial specialised operations in accordance with the requirements in Annexes III and VIII.’; 4. Article 6 is amended as follows: (a) paragraph 3 is replaced by the following: ‘3. By way of derogation from Article 5 of this Regulation and without prejudice to point (a) of Article 5(4) of Regulation (EC) No 216/2008 and to Subpart P of Annex I to Commission Regulation (EU) No 748/2012 (5) concerning the permit to fly, the following flights shall continue to be operated under the requirements specified in the national law of the Member State in which the operator has its principal place of business, or, where the operator has no principal place of business, the place where the operator is established or resides: (a) flights related to the introduction or modification of aeroplane or helicopter types conducted by design or production organisations within the scope of their privileges; (b) flights carrying no passengers or cargo where the aeroplane or helicopter is ferried for refurbishment, repair, maintenance checks, inspections, delivery, export or similar purposes.’; (b) in paragraph 4a, the introductory wording is replaced by the following: ‘4a. By way of derogation from Article 5(1) and (6), the following operations with other-than complex motor-powered aeroplanes and helicopters may be conducted in accordance with Annex VII:’; 5. In Article 8, paragraphs 3 and 4 are replaced by the following: ‘3. By way of derogation from paragraph 1, CAT operations with helicopters shall comply with the applicable requirements of the national law of the Member State in which the operator has its principal place of business. 4. Non-commercial operations, including non-commercial specialised operations, with complex motor-powered aeroplanes and helicopters, as well as ( 5) Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing Rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p.1). EN 4 EN commercial specialised operations with aeroplanes and helicopters shall comply, as regards flight time limitations, with the requirements specified in the national law of the Member State in which the operator has its principal place of business, or, where the operator has no principal place of business, the place where the operator is established or resides.’; 6. In Article 10, paragraphs 2, 3, 5(b) and (6) are deleted. 7. Annexes II, III, IV, VII and VIII are amended in accordance with the Annex to this Regulation. Article 2 Entry into force and application This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 8 April 2020. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Commission The President […] EN 5 EN EUROPEAN COMMISSION Brussels, XXX […](2017) XXX draft ANNEX I TO EASA OPINION No 07/2017 COMMISSION REGULATION (EU) No …/.. of XXX laying down detailed rules for the operation of sailplanes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council EN EN COMMISSION REGULATION (EU) …/.. of XXX laying down detailed rules for the operation of sailplanes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (1), and in particular Article 8(5) thereof, Whereas: (1) The Commission is to adopt the necessary implementing rules for establishing the conditions for the safe operation of sailplanes in accordance with Regulation (EC) No 216/2008, where such aircraft meet the conditions specified in points (b) and (c) of Article 4(1) of that Regulation. (2) In light of the specific nature of operations with sailplanes, there is a need for dedicated operational rules, laid down in a self-standing regulation. Those rules should be based on the general rules for air operations laid down in Commission Regulation (EU) No 965/2012 (2), but they should be restructured and simplified, so as to ensure that they are proportionate and founded on a risk-based approach, whilst ensuring that sailplane operations are carried out safely. (3) The specific rules for air operations with sailplanes should not extend, however, to the requirements in respect of oversight of air operations by the competent authorities of the Member States, as those requirements are not specific to any particular air operation activity but apply horizontally in respect of all such activities. As regards oversight, the requirements laid down in Article 3 of Regulation (EU) No 965/2012 and Annex II to that Regulation should therefore continue to apply also with respect to air operations with sailplanes. (4) In the interest of safety and with a view to ensuring compliance with the essential requirements laid down in Annex IV to Regulation (EC) No 216/2008, all operators of sailplanes covered by this Regulation, with the exception of design or production organisations performing certain operations, shall be subject to a set of basic requirements. (5) Taking into account the less complex nature of commercial operations with sailplanes as compared to other forms of commercial aviation, it is appropriate to replace the requirement of a certificate for commercial operations set out in Article 8(2) of Regulation (EC) No 216/2008 by a requirement to make a prior declaration to the ( 1) OJ L 79, 19.3.2008, p. 1. ( 2) Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1). EN 2 EN competent authority and to lay down the detailed rules for making such declarations, but not to introduce other additional requirements for commercial operations. (6) However, considering the comparatively low level of complexity and in light of a risk- based approach, operators engaged in certain commercial operations with sailplanes should be exempted from the requirement of making a prior declaration. (7) In order to ensure a smooth transition and to give all parties concerned sufficient time to prepare for the application of that new regime, this Regulation should only apply from an appropriate later date. (8) The Agency prepared draft implementing rules and submitted them as an opinion (3) to the Commission in accordance with point (b) of Article 17(2) and Article 19(1) of Regulation (EC) No 216/2008. (9) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of Regulation (EC) No 216/2008, HAS ADOPTED THIS REGULATION: Article 1 Subject matter and scope This Regulation lays down detailed rules for air operations with sailplanes, where such aircraft meet the conditions laid down in points (b) and (c) of Article 4(1) of Regulation (EC) No 216/2008. Article 2 Definitions For the purpose of this Regulation, the following definitions shall apply: (a) ‘sailplane’ means a heavier-than-air aircraft that is supported in flight by the dynamic reaction of the air against its fixed lifting surfaces, the free flight of which does not depend on an engine; (b) ‘competition flight’ means any air operation with a sailplane performed for the purposes of participating in air races or contests, including practising for such operation and flying to and from air races or contests; (c) ‘flying display' means any air operation with a sailplane performed for the purposes of providing an exhibition or entertainment at an advertised event open to the public, including practising for such operation and flying to and from the advertised event; (d) ‘introductory flight’ means any air operation against remuneration or other valuable consideration consisting of an air tour of short duration for the purpose of attracting new trainees or new members, performed either by a training organisation approved in accordance with Commission Regulation (EU) No 1178/2011 (4) or by an organisation created with the aim of promoting aerial sport or leisure aviation; ( 3) Opinion No 07/2017 of the European Aviation Safety Agency of 23 August 2017 for a draft Commission Regulation on the revision of the operational rules for sailplanes. ( 4) Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 311, 25.11.2011, p. 1). EN 3 EN (e) ‘principal place of business’ means the head office or registered office of the operator of the sailplane within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised. (f) ‘dry lease agreement’ means an agreement between undertakings pursuant to which the sailplane is operated under the responsibility of the lessee. Article 3 Air operations 1. Operators of sailplanes involved in non-commercial and in commercial operations shall operate the sailplanes in accordance with the provisions specified in Annex II. However, the first subparagraph shall not apply to design or production organisations which are compliant with Articles 8 and 9, respectively, of Commission Regulation (EU) No 748/2012 (5) and which operate the sailplane, within the scope of their privileges, for the purposes of the introduction or modification of sailplane types. 2. By way of derogation from Article 8(2) of Regulation (EC) No 216/2008, the requirement of certification laid down therein shall not apply to operators engaged in commercial operations with sailplanes. Those operators shall only be entitled to engage in such commercial operations after having declared to the competent authority their capacity and means to discharge the responsibilities associated with the operation of the sailplane. However, the second subparagraph shall not apply to operators engaged in the following operations with sailplanes: (a) cost-shared operations, provided that the direct costs of the flight of the sailplane and a proportionate part of the annual costs incurrred for the storage, insurance and maintenance of the sailplane are shared by the individuals on board; (b) competition flights or flying displays, provided that the remuneration or any other valuable consideration for such flights is limited to the recovery of the direct costs of the flight of the sailplane and a proportionate part of the annual costs incurred for the storage, insurance and maintenance of the sailplane and that any prizes gained do not exceed the value specified by the competent authority; (c) introductory flights, flights for the purposes of parachute dropping, sailplane towing or aerobatic flights performed either by a training organisation which has its principal place of business in a Member State and which has been approved in accordance with Regulation (EU) No 1178/2011, or by an organisation created for the purposes of promoting aerial sport or leisure aviation, provided that the organisation operates the sailplane on the basis of either ownership or a dry lease agreement, that the flight does not generate profits distributed outside of the organisation and that such flights represent only a marginal activity of the organisation; ( 5) Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p.1). EN 4 EN (d) training flights, performed by a training organisation which has its principal place of business in a Member State and which has been approved in accordance with Regulation (EU) No 1178/2011. Article 4 Entry into force and application This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 8 April 2020. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Commission The President […] EN 5 EN DRAFT ANNEX to draft Commission Regulation (EU) …/… amending Commission Regulation (EU) No 965/2012 as regards the deletion of air operations requirements for sailplanes Annexes II, III, IV, VII and VIII to Regulation (EU) No 965/2012 are amended as follows: (1) Annex II is amended as follows: (a) in point ARO.GEN.345, point (a) is replaced by the following: ‘(a) Upon receiving a declaration from an organisation carrying out or intending to carry out activities for which a declaration is required, the competent authority shall verify that the declaration contains all the information required: (1) pursuant to ORO.DEC.100 of Annex III (Part-ORO) to this Regulation; (2) for balloon operators pursuant to BOP.ADD.100 of Annex II (Part-BOP) to Regulation (EU) …/…; or (3) for sailplane operators pursuant to SAO.DEC.100 of Annex II (Part-SAO) to Regulation (EU) …/…; and shall acknowledge receipt of the declaration to the organisation.’; (2) Annex III is amended as follows: (a) in point ORO.GEN.110, point (k) is replaced by the following: ‘(k) Notwithstanding point (j), operators conducting commercial operations with either of the following aircraft shall ensure that the flight crew has received an appropriate dangerous goods training or briefing, to enable them to recognise undeclared dangerous goods brought on board by passengers or as cargo: (1) a single-engined propeller-driven aeroplane having an MCTOM of 5 700 kg or less and an MOPSC of 5 or less, operated in a flight taking off and landing at the same aerodrome or operating site, under VFR by day; (2) an other-than complex motor-powered helicopter, single-engined, with an MOPSC of 5 or less, operated in a flight taking off and landing at the same aerodrome or operating site, under VFR by day.’; (b) in point ORO.MLR.101, the introductory wording is replaced by the following: ‘Except for operations with single-engined propeller-driven aeroplanes with an MOPSC of 5 or less or single-engined non-complex helicopters with an MOPSC of 5 or less, taking off and landing at the same aerodrome or operating site, under VFR by day, the main structure of the OM shall be as follows:’; (c) in point ORO.FC.005, point (b) is replaced by the following: ‘(b) SECTION 2 specifying additional requirements applicable to commercial air transport operations, with the exception of commercial air transport operations of Page 1 of 3 passengers conducted under VFR by day, starting and ending at the same aerodrome or operating site and within a local area specified by the competent authority, with: (1) single-engined propeller-driven aeroplanes having an MCTOM of 5 700 kg or less and an MOPSC of 5 or less, or (2) other-than complex motor-powered helicopters, single-engined, with an MOPSC of 5 or less.’; (d) in point ORO.FTL.105, point (13) is replaced by the following: ‘(13) ‘flight time’ means, for aeroplanes, the time between an aircraft first moving from its parking place for the purpose of taking off until it comes to rest on the designated parking position and all engines or propellers are shut down.’; (3) Annex IV is amended as follows: (a) point CAT.GEN.105 is deleted; (b) in Subpart A, Section 2 is deleted; (c) in Subpart B, Section 2 is deleted; (d) in Subpart C, Section 4 is deleted; (e) in Subpart D, Section 3 is deleted; (4) Annex VII is amended as follows: (a) point NCO.GEN.102 is deleted; (b) in point NCO.GEN.103, point (a) is replaced by the following: ‘(a) start and end at the same aerodrome or operating site;’; (c) in point NCO.GEN.105, point (a)(4)(iii) is replaced by the following: ‘(iii) instruments and equipment required for the execution of that flight are installed in the aircraft and are operative, unless operation with inoperative equipment is permitted by the minimum equipment list (MEL) or equivalent document, if applicable, as provided for in points NCO.IDE.A.105 or NCO.IDE.H.105;’; (d) in point NCO.GEN.135, point (c) is deleted; (e) in point NCO.OP.120, the title is replaced by the following: ‘NCO.OP.120 Noise abatement procedures — aeroplanes and helicopters’; (f) point NCO.OP.156 is deleted; (g) in point NCO.POL.105, point (b) is replaced by the following: ‘(b) The weighing shall be accomplished by the manufacturer of the aircraft or by an approved maintenance organisation.’; (h) in point NCO.IDE.A.160, point (a) is replaced by the following: ‘(a) Aeroplanes, except ELA1 aeroplanes, shall be equipped with at least one hand fire extinguisher: (1) in the flight crew compartment; and Page 2 of 3 (2) in each passenger compartment that is separate from the flight crew compartment, except if the compartment is readily accessible to the flight crew.’; (i) in Subpart D, Section 3 is deleted; (5) Annex VIII is amended as follows: (a) in point SPO.GEN.005, point (c)(2) is replaced by the following: ‘(2) parachute dropping, sailplane towing with an aeroplane or aerobatic flights performed either by a training organisation having its principal place of business in a Member State and approved in accordance with Regulation (EU) No 1178/2011, or by an organisation created with the aim of promoting aerial sport or leisure aviation, on the condition that the aircraft is operated by the organisation on the basis of ownership or dry lease, that the flight does not generate profits distributed outside of the organisation, and that whenever non-members of the organisation are involved, such flights represent only a marginal activity of the organisation.’; (b) point SPO.GEN.102 is deleted; (c) in point SPO.GEN.107, point (a)(4)(iii) is replaced by the following: ‘(iii) instruments and equipment required for the execution of that flight are installed in the aircraft and are operative, unless operation with inoperative equipment is permitted by the minimum equipment list (MEL) or equivalent document, if applicable, as required in points SPO.IDE.A.105 or SPO.IDE.H.105;’; (d) in point SPO.GEN.140, point (c) is deleted; (e) in point SPO.POL.105, point (b) is replaced by the following: ‘(b) The weighing shall be accomplished by the manufacturer of the aircraft or by an approved maintenance organisation.’; (f) in point SPO.IDE.A.180, point (a) is replaced by the following: ‘(a) Aeroplanes, except ELA1 aeroplanes, shall be equipped with at least one hand fire extinguisher: (1) in the flight crew compartment; and (2) in each cabin compartment that is separate from the flight crew compartment, except if the compartment is readily accessible to the flight crew.’; (g) in Subpart D, Section 3 is deleted. Page 3 of 3
Allikas: Lennuamet dokumendiregister →
dokumendiregister.eeAsutusedEesti avalike dokumendiregistrite otsing · nimistu.ee andmetel