Latest developments in Part B-FCL

During the 6 monthly EASA GA Com meeting, where EBF is represented, the new Balloon FCL was discussed and the latest proposals presented. There will be a written procedure for all National Aviaton Authorities to respond to the proposals. After the written procedure the proposals will be presented at the EASA Committee meeting in februari 2019. The new legislation will be in force April 8th 2020.

Attached the presentation that summarises the situation as of today. Please bear in mind that this is a final proposal and not yet legislation. Thing will change! In order to keep you informed about the progress that is being made we attach the presentation (amended).

If there are any questions or suggestions pls contact kaa@ballooning-federation.eu or one of the board members.

 

 

Latest developments with EASA

Having been involved in many meetings about EASA rulemaking we are now in a position to give you some new information.

New Basic Regulation

New Basic Regulation on common rules in the field of civil aviation will replace the current EU.216/2008 – see https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1535746700163&uri=CELEX:32018R1139. Here you also can find the regulation in your own language.

For balloon operators there is little direct change. All balloons under 42.000 ft³ will fall outside EASA and are governed by National Law. This should make it easier to get approval for new aircraft and parts. It has become clear that for some current NAA – National Aviation Authority-work a Qualified Entity can take over the NAA tasks. It also states that NAAs should actively promote aerial sports and other flying.

We are currently working on a paper making clear all differences between the old Basic Regulations and the new.

Declared Training Organisation

The final publication was made of the DTO ( Declared Training Organisation) as replacement for the ATO (Approved Training Organization) earlier this month. Declaration for new Training Organisations can be made early in September this year. The lack of complexity and operating ease of the DTO will be welcomed by many and the administrative ATO will no longer be needed for ballooning and light aircraft and sailplanes. The full text can be found at the EASA site https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1535746892364&uri=CELEX:32018R1119

Balloon Flight Crew Licensing

Part BAC has now been renamed as Part B.FCL Balloon Flight Crew Licensing.

We have had the final meeting in June during which all NAA’s and other parties could make their opinions known. We are now processing the comments and hope to be ready by the end of the year. Introduction April 8th 2020.

Balloon Operations

As we have published before Part BOP will enter into force at April 8th 2019. All commercial balloonists will have to prepare for this and hand in the DECLARATION as of that date. Please note that you cannot operate a balloon commercially without have made the declaration to your NAA.

Balloon Air Operations

The EASA Committee of the European Commission have today voted positively to introduce the first part of the Balloon Regulation, namely Balloon Air Operations.  The EASA Committee meets 3/4 times a year for two-day meetings. This is the fifth consecutive meeting where Balloon Air Operations has been debated, but the first one where a vote of member states has been taken.

The new regulation is expected to be published and to become European law either in late 2017 or early 2018.  However, it will not enter into force until 8 April 2019, with compliance being mandatory by 8 October 2019.

The context was favourable to new regulations, as there was a conjunction of two factors: EASA created the “Road Map for GA”, led by Dominique Roland, which called for simpler and more proportionate regulations for the General Aviation sector, and the balloonists community, through EBF’s voice, strongly rejected Part Ops EU.965.2012 as too complicated and unsuited for balloons.

So Balloon Air Operations has been something of a pathfinder for the GA Road Map.  A group of ballooning experts, drawn from EASA, National Aviation Authorities [NAA], balloon manufacturers, and the European Balloon Federation, have comprised a working group to develop the new regulation.  This was then followed by a number of changes for “legal clarity” by the legal services of the European Commission.

Balloon Air Operations encompasses ALL operations of balloons, including private ballooning, and there is a set of rules specific to commercial operations, (Commercial Ballooning). Therefore, all balloon pilots and operators will need to become familiar with the new regulation, and to undertake whatever is required to fully comply with the rules.  Commercial passenger ballooning operators will have to make significant changes, (depending on the regulation already existing in their own country) including the preparation and submission of a new Operations Manual, and lodge Declarations with their NAAs.  All balloon operators will need to comply with the requirements of Part-BAS, with all commercial operators additionally needing to comply with the requirements of Part-ADD.  EASA, assisted by the ballooning expert group, will publish both guidance material and acceptable means of compliance, which will hopefully be of assistance to the ballooning sector.

So ballooning operators should now be ready for the formal publication of the Balloon Regulation and start preparing for compliance with it at the earliest opportunity.  Accountable managers of commercial passenger balloon operators should provisionally allocate resources towards transition to the new requirements and be very aware that their company has to be ready by 8 October 2019. The process should not be too difficult or costly, especially in countries where good and constructive relations exist between operators and the NAA.

This new regulation which, as we hope, will help ballooning to live well and develop, would not exist without the continuous implication and competence of a small group of people, within the Balloon Air Operations working group: Jan Boettcher, and Philippe Stabenau (EASA) NAAs representatives from France, UK, Germany, Belgium, CZ and the Netherlands, Petr Kubicek from Kubicek balloons (CZ) and EBF’s representatives (Karel Abbenes, Phil Dunnington).

So the work for Ballooning Operations is nearly completed, but a parallel group of ballooning experts, led by Paul Spellward for EBF, are currently working on Balloon FCL (including influencing medical requirements) and a 3rd one have worked on training organisations. About training, the DTO (Declared training Organisation) which will replace the ATO (Approved Training Organisation) has also been discussed these last 2 days, although not voted yet, but it should be approved later on and be enforced in 2018-19 for airplanes and helicopters, 2019-20 for gliders and balloons.

Contact EBF bureau:

Patricia Lamy, President: pla@ballooning-federation.eu
Karel Abbenes, Vice President, kaa@ballooning-federation.eu
Phil Dunnington, General Secretary: phd@ballooning-federation.eu