Meeting: OPS.001 Rulemaking Group Meeting May 15 & 17, 2007 and Non-commercial Operations Sub-group Meeting May 15 & 16, 2007

Transcription

1 Subjet: EASA Operations Rulemaking Meeting: OPS.001 Rulemaking Group Meeting May 15 & 17, 2007 and Non-ommerial Operations Sub-group Meeting May 15 & 16, 2007 File: EASA Reported by: Ray Rohr Summary: The OPS.001 Rulemaking Group met on May 15 & 17 to review progress in the subgroups and address open issues. The Group was advised that the effort to resolve the outstanding issues and approve the EASA Extension of Sope during the German Presideny whih ends June 30, 2007, had not been suessful. As a result, resolution of the Extension of Sope will be undertaken by the Portuguese Presideny whih runs from July 1 to Deember 31, Consequently, it will be at least the end of Marh 2008 before EASA an issue the OPS NPA. The Commerial Sub-group reported that all of the aeroplane and heliopter provisions have been reviewed and final drafting is underway. The ommerial balloon requirements have been reviewed and will be finalized at the June meeting. The Sub-group is working with the Aerial Work Sub-group on the question of sightseeing flights. The Powered Airship rules and SAR rules will be left as future tasks to be undertaken by EASA. The Aerial Work Sub-group advised that they finalizing the aerial work implementing rules and are working on Certifiation speifiations for sightseeing flights. Issues still under review inlude: Oxygen requirements of parahuting operations, Carriage of dangerous goods used in aerial work operations, Training requirements, and Regulatory impat analysis. The Authority & SMS Sub-group reported that the implementing rules and AMC material for all management systems have been ompleted. They will be working on the implementation proedures for the non-ommerial rules and aerial work plus the operations inspetor guidane material at the June meeting At the eighth meeting of the Non-Commerial Operations with Complex Motor- Powered Airraft Sub-group a number of issues were addressed. The meeting agenda is linked to this report. A major item of onsideration was the issue of ertifiation requirements for frational ownership operations and for airraft management ompanies. The disussion paper Regulation of Non-ommerial Operations Involving Frational Ownership and Management Companies drafted by Ray Rohr, was reviewed. In the review and disussions with EASA legal staff it was noted that the definition of ommerial operation ontained in both the Commission and Counil proposals does not differentiate between frational ownership operations and any other form of managed operations. Consequently, it would appear that the rules appliable to frational ownership operations and other forms of managed operations will have to be the same. It was agreed that the paper would be revised based on the Sub-group disussion and it and the assoiated implementing rules would be finalized at the June meeting.

2 Items on review of delaration draft requirements and the FTL working paper were deferred to the June meeting. The remainder of the issues on the agenda were ompleted and the material that was reviewed was aepted with minor amendments. The draft minutes of the meeting are linked to this report. The next OPS.001 Rulemaking Group and Non-Commerial Operations Sub-group meetings are on June 26-28, Impliation for Business Aviation: This is a very important ongoing projet with a number of issues that must be resolved. Fortunately progress to date has been positive. Deisions Required: Nil at this time. This report ontains material for the sole information of IBAC Members and no guarantee or undertakings are given, or should be assumed, as to their auray. The ontent is under the opyright of the author and IBAC, and may not be distributed to third parties without speifi agreement of the IBAC Diretor General.

3 European Aviation Safety Ageny TASK OPS.001 SUBGROUP NON-COMMERCIAL OPERATIONS WITH COMPLEX MOTOR-POWERED AIRCRAFT 8TH MEETING 15 May 10:30 h 16 May 16:00 h, 2007 EASA PREMISES, COLOGNE PROPOSED AGENDA 1. Adoption of Agenda 2. Review of minutes of 24 & 25 April 2007 meeting 3. Review of WP on management speifiations 4. Review of omments on abin rew rules 5. Review of WP OM template for small operations 6. Review of Delaration draft requirements and AMC/GM material 7. Review of WP on FTL 8. RIA onsiderations 9. AOB Page 1 of 1

4 1. Issue Disussion Paper Regulation of Non-ommerial Operations Involving Frational Ownership and Management Companies To develop for Ops Part 2 the regulatory provisions and assoiated guidane material for the regulation of non-ommerial operations involving frational ownership and management ompanies. 2. Bakground In the Commission proposal of to amend Regulation (EC) No. 1592/2002 ommerial operation is defined as: a remunerated aeronautial ativity overed by a ontrat between an operator and a ustomer, where the ustomer is not, diretly or indiretly, an owner of the airraft used for the purpose of this ontrat and the operator is not, diretly or indiretly, an employee of the ustomer. 1 Artile 6b.3 of the Commission proposal states: Operators engaged in the non-ommerial operation of omplex motorpowered airraft shall delare their apability and means to disharge the responsibilities assoiated with the operation of the airraft. 2 It has been proposed by the Permanent Representatives Committee of the Counil of the European Union that ommerial operation be defined as: any operation of an airraft, against remuneration or other valuable onsideration, whih is available to the publi or, when not made available to the publi, whih is performed under a ontrat between an operator and a ustomer, where the latter has no ontrol over the operator. They also reommended that Artile 6.b.3 be amended to read as follows: Unless otherwise determined in the implementing rules, operators engaged in the nonommerial operation of omplex motorpowered airraft shall delare their apability and means to disharge the responsibilities assoiated with the operation of the airraft. 3 The definition of ommerial operation ontained in the Commission proposal would unquestionably result in operations where an owner ontrats a management ompany to operate an airraft on his/her behalf being lassified as non-ommerial when the operation is being onduted for the benefit of the owner and there is no remuneration other than the operating ontrat involved. This definition would also appear to lassify frational ownership operations as non-ommerial when the owner of a frational share of an airraft is being provided with air transport servies as long as: the airraft in whih the owner owns a frational share is used, or an agreement on dry lease and exhange of airraft between all of the frational share owners exists and an airraft within the program is used. The definition of ommerial operation proposed by the Counil would not appear to alter that situation. On that basis, the Authority Requirements and SMS Sub-group and the Non-ommerial Operation with Complex Motor-powered Airraft Sub-group of the OPS.001 Rulemaking Group met and 1 Proposal for a Regulation of the European Parliament and the Counil amending Regulation (EC) No 1592/2002 of 15 July 2002 on ommon rules in the field of ivil aviation and establishing a European Aviation Safety Ageny, Commission of the European Communities, Brussels Ibid 3 COREPAR Report to Counil on Amendment of (EC) No 1592/2002 of 15 July 2002, Counil of the European Union, Brussels, OPS.001 Non-ommerial Sub-group page - 1 draft of May 13, 2007

5 Disussion Paper Regulation of Non-ommerial Operations Involving Frational Ownership and Management Companies disussed options for the delaration proess and regulatory oversight of operations whih involved a management ompany. They speifially explored options for situations suh as: frational ownership operations, and operations where an owner of an airraft ontrats with a management ompany to maintain and operate the airraft on his behalf and solely for his benefit. After disussion of a range of options it was agreed that the Consolidated Reommendations of the ECAC Task Fore on Frational Ownership of 24 January 2007 presented a sound framework for regulation of frational ownership operations and that the priniples ontained in it should be used as a basis of the development of the EASA OPS Part 2 rules. Some members of the Sub-groups expressed the opinion that owners of airraft who entered into ontrats with management ompanies no longer retained aountability for the safety of the operation of that airraft and in fat beame innoent ustomers of the management ompany, similar to ustomers of a ommerial operator. Some members of the Sub-groups also expressed the onern that both definitions of ommerial operation ontained loopholes that would permit airraft operators to ondut illegal harters through the use of ontratual arrangements. This issue is disussed in the Disussion paper on ertifiation versus delaration for operations with nonommerial omplex airraft that was previously presented the Non-ommerial Sub-group. On that basis it was onluded that the appliation of similar ertifiation arrangements for operations involving airraft management ompanies should be onsidered. 3. Disussion 3.1 ECAC Task Fore and Frational Ownership Considerations The ECAC Task Fore on Frational Ownership was omposed of representatives from the European Commission, EASA and the European aviation industry. Their year long study addressed the safety aspets, seurity measures and onsideration of the nature of Frational Ownership operations. The Task Fore onluded that any new regime adopted in this area would require to give these operations a degree of flexibility that business operations need in order to be effiient. 4 They also noted that the industry representatives have pointed out in this regard that should European operators be required to hold an AOC that would greatly impinge on the European industry s ability to ompete internationally. 5 In their reommendations the Task Fore noted that as a first step there must be agreement on the definition of frational ownership. They reommended that a Frational Ownership program would be any ownership and airraft exhange program that enompassed all of the following elements: a. The provision of servies for management of the programme by a single programme manager ating on behalf of the owners; b. The availability of two or more airraft for servies;. One or more owners per airraft belonging to the programme, with at least one airraft having more than one owner; d. Eah owner owning a minimum perentage (to be determined) in at least one of the programme s airraft; e. An agreement on dry lease exhange of airraft between all the owners; f. Multi-annual agreements between partiipants in the programme, defining onditions with regard to ownership, management of the programme and exhange of airraft between owners; g. An expliit statement in an appropriate legal framework that the operation of a Frational Ownership programme falls under the private non-ommerial transport ategory would be required, as would be an indiation that part-owners in a Frational Ownership programme 4 Speial ECAC Task Fore to Consider Frational Ownership, Summary of Reommendations adopted by Diretors General, European Civil Aviation Conferene, Brussels Ibid OPS.001 Non-ommerial Sub-group page - 2 draft of May 13, 2007

6 Disussion Paper Regulation of Non-ommerial Operations Involving Frational Ownership and Management Companies are in operational ontrol of the programme airraft, and must delegate all or part of the tasks assoiated with the operation of the airraft to the Programme Manager; h. A lear statement would be required that transport of passengers or goods or any operation for remuneration or hire under suh a programme is prohibited; i. A prohibition on the sale or lease of an airraft interest that is less than the minimum Frational Ownership interest unless the flights assoiated with that interest are operated under a ommerial regime by a ertified and liensed air arrier; and j. A requirement that passengers on a Frational Ownership flight must be designated by the relevant owner. 6 The Task Fore also reommended that the European safety regulatory requirements for frational operations should require safety standards similar to those applied to ommerial operations but without the need for an air operator ertifiate. 7 With regard to the operational ontrol issue the Task Fore reommended the following priniples should be inluded in the regulatory regime: a. Operational tasks shall be delegated mandatorily to the Programme Manager and shall be listed. The Frational Owner ontinues to be jointly and individually responsible for the performane of these tasks and for ompliane with appliable regulations and requirements; b. The Programme Manager shall be the sole point of ontat with national authorities for speifiations, approvals and authorisations required by all national or European regulations pertaining to Frational Ownership Operations for the tasks delegated by the Frational Owner. These speifiations, authorisations and approvals should not be affeted by any hange in ownership of a programme airraft in the identified programme;. The Frational Owner shall formally aknowledge his/her responsibilities in the Programme Management ontrat, indiating that he/she has read, understood and aepted operational ontrol responsibility. The Frational Owner shall also aknowledge that he/she is in operational ontrol over programme airraft when the Frational Owner uses another programme airraft through the dry lease interhange agreement; d. Arising from the fat that Frational Owners are signatories to a dry lease interhange agreement whih is an essential element of a Frational Ownership programme, Frational Owners retain two areas of responsibility as follows: i. As the owner, he/she is responsible for his/her own airraft irrespetive of its use by any other owner from the programme; ii. As the member of the programme, he/she is responsible for any airraft he/she operates from the airraft pool. 8 The foregoing onditions parallel the requirements of FAR Part 91 Sub-part K, the rules that govern frational ownership operations in the United States. They appear to be appropriate for European appliation with one minor exeption. The provision ontained in item g of the elements of a frational ownership program stating that there must be an indiation that the part-owners in a frational operation program are in operational ontrol is required in the US ontext beause of their definition of ommerial operator, but given the definition of ommerial operation ontained in the Commission proposal of and in the Counil proposal, if all of the other elements are in plae it would appear that this requirement would not be neessary. Aordingly, it would appear that it is not neessary to inlude in the OPS Part 2 rules the operational ontrol provisions used in FAR Part 91 K and reommended by the Task Fore. It would also appear that the rules ould be onstruted so as to ensure a lear boundary between permitted frational ownership operations and illegal harter operations. 6 Ibid 7 Ibid 8 Ibid OPS.001 Non-ommerial Sub-group page - 3 draft of May 13, 2007

7 Disussion Paper Regulation of Non-ommerial Operations Involving Frational Ownership and Management Companies 3.2 Managed Operations Considerations It would also appear to be possible to onstrut the rules related to managed operations so that the boundary is lear. These rules ould use the flowing priniples; The airraft is managed under a long term management ontrat, The ontrat is with an airraft management servies ompany seleted by the owner, The airraft is owned by a sole owner, The management ontrat is speifially of for the provision of operational servies for the owner s airraft, The airraft is solely or mainly used by the owner for the arriage of himself and persons or goods designated by the owner, There is no remuneration or other valuable onsideration related to the arriage of persons or goods. It follows that where a substitute airraft is provided these riteria will not be satisfied and the operation should, therefore, be lassified as a ommerial operation. 4. Proposed Regulatory Provisions Based on the foregoing, it would appear that there are four options that must be onsidered with regard to the regulation of non-ommerial operations onduted by frational ownership operations and those involving management ompanies. 1. No requirements other than a delaration by the operator of their apability and means to disharge the responsibilities assoiated with the operation of the airraft, as is provided for in the Commission proposal. 2. Certifiation of frational ownership operations and delaration for operations involving management ompanies with the rules related to management ompanies to inlude provisions similar to those identified in setion Certifiation of both frational ownership operations and operations involving management ompanies through an airraft management operator ertifiate. 4. The requirement that frational ownership operations and operations involving management ompanies must be onduted under an air operator ertifiate similar to that required under OPS Part Regulatory Impat Assessment As noted in setion 2 of this Disussion Paper, Artile 6b.3 of the Commission proposal as amended by the Counil states: Unless otherwise determined in the implementing rules, operators engaged in the nonommerial operation of omplex motorpowered airraft shall delare their apability and means to disharge the responsibilities assoiated with the operation of the airraft. 9 Therefore, any requirement beyond the basi delaration requirement must be justified through a regulatory impat assessment (RIA). This RIA will assess the four options for the regulation of nonommerial operations onduted by frational ownership operations and operations involving management ompanies with omplex motor-powered airraft as identified in setion 4 of this paper. 5.1 Option 1 Delaration The following RIA is in point form and is very oneptual. Suggestions of points to be inluded and how best to struture the RIA would be appreiated. 9 COREPAR Report to Counil on Amendment of (EC) No 1592/2002 of 15 July 2002, Counil of the European Union, Brussels, OPS.001 Non-ommerial Sub-group page - 4 draft of May 13, 2007

8 Disussion Paper Regulation of Non-ommerial Operations Involving Frational Ownership and Management Companies Safety With only limited regulatory oversight there is some risk that frational ownership program managers ould engage in operations without meeting the requirements of OPS Part 2 for some time without being deteted. As all frational operations in Europe are now onduted under a ommerial air operator ertifiate, this may be onsidered a redution in the level of safety only when operators hoose to operate under non-ommerial rules rather than ommerial. Given that managed operations are ommon in North Ameria and Europe, and have been onduted without requirement for of any type of ertifiate, and that there have not been identified safety problems, it would appear that this is not a signifiant safety onern with this segment of aviation. Eonomi No eonomi impat as a delaration is required for suh operations by the Essential Requirements. Environmental No environmental impat. Soial No soial impat Other aviation requirements No impat on other aviation requirements. Foreign omparable regulatory requirements The requirements for frational ownership operations would be less than the requirements in the USA. This ould have a negative impat on efforts to ensure a level playing field between US and European operators. The provision for managed ompanies would be ompatible with international Standards and Reommended Praties. Equity and fairness issues There are no equity and fairness impats. 5.2 Frational Ownership Operator Certifiate and Additional Requirements for Management Companies Safety The requirements for frational operations program managers to hold a Frational Ownership operator ertifiate would ensure a reasonable level of safety for airraft owners who are not fully aware of the regulatory and safety responsibilities assoiated with airraft ownership and operation and their fellow passengers. Given that frational ownership operations are more OPS.001 Non-ommerial Sub-group page - 5 draft of May 13, 2007

9 Disussion Paper Regulation of Non-ommerial Operations Involving Frational Ownership and Management Companies omplex than other non-ommerial operations, some additional oversight may be justified even though the safety reord of this aviation segment is exellent. Conern has been expressed that an owner who enters into a ontrat with a management ompany beomes an innoent ustomer. In suh arrangements the owner has a hoie of management ompanies, and given that he is the sole owner of the airraft, he is in ontrol of the ontrat. The onern that the owner may beome an innoent ustomer an be resolved by inluding regulatory provisions similar to those suggested in setion 3.2 of this paper into the delaration required for airraft management ompanies. This follows the priniple that owners must assume a greater self responsibility for their own safety in non-ommerial operations. Management ompanies have demonstrated over the years a very high attention to safety, resulting in an exellent safety reord. Therefore, there is no demonstrated rational to inrease the regulatory oversight of this aviation segment. Eonomi The frational ownership program managers would inur the osts assoiated with meeting the initial frational ownership operator ertifiate issue requirements and in some States the ost assoiated with ongoing regulatory surveillane. These osts would be passed on to the airraft owners. Given that frational operators in Europe have generally operated as ommerial entities, there is not likely to be a big ost impat on the ompanies to have a frational ownership operating ertifiate. As this is a new requirement there would be finanial ost to NAAs if frational ownership operations are established in their State. Environmental No environmental impat. Soial No soial impat Other aviation requirements No impat on other aviation requirements. Foreign omparable regulatory requirements This proposal parallels the requirements in the USA and ould help in ahieving a level playing field between US and European operators. It is also the option reommended by the ECAC Task Fore on Frational Ownership operations. The proposal parallels the ICAO onept for modernizing Annex 6 Part II for International General Aviation Aeroplanes and thus promotes worldwide harmonization. Equity and fairness issues There are no equity and fairness impats. 5.3 Option 3 Airraft Management Operator Certifiate for Both Frational Ownership and Management Companies OPS.001 Non-ommerial Sub-group page - 6 draft of May 13, 2007

10 Disussion Paper Regulation of Non-ommerial Operations Involving Frational Ownership and Management Companies Safety The requirements for frational operations program managers and other airraft management ompanies to hold an airraft management operator ertifiate would ensure the same level regulatory safety oversight for both frational owners and those who are sole owner of an airraft. As noted previously, those sole owners have the freedom of hoie of airraft management ompanies and if there are not satisfied with the level of safety of one airraft manager they an terminate the agreement and hose another, whereas the frational owner does not have that option. The option does not reognize the inreased level of operational omplexity of frational ownership ompared to management ompanies. Therefore, this requirement is more than is required to provide an aeptable level of safety oversight. There may be a risk that faed with additional regulatory burden some existing airraft management ompanies would withdraw from the market whih ould in fat result in a degradation of safety. The safety reord of management ompanies has been exellent, so there is little rational, or safety ase to be made, for inreasing regulatory provisions. Eonomi Under this option the frational ownership operators and airraft management ompanies would inur the osts assoiated with meeting the initial airraft management operator ertifiate issue requirements and in some States the ost assoiated with ongoing regulatory surveillane. These osts would be passed on to the airraft owners. As this is a new requirement and it is antiipated that there would be a signifiant number of management ompanies that would require ertifiation, this option will result in a signifiant new ost to NAAs. Environmental No environmental impat. Soial No soial impat Other aviation requirements No impat on other aviation requirements. Foreign omparable regulatory requirements This proposal exeeds the regulatory requirements in the US and those ontained in the proposed amendment to Annex 6 Part II. The additional requirements plaed on European operators would put the operators at an eonomi disadvantage with operators in other areas of the world. Equity and fairness issues The introdution of a new requirement for airraft management ompanies to be ertifiated where no safety onern has been identified ould be onstrued as unfair. OPS.001 Non-ommerial Sub-group page - 7 draft of May 13, 2007

11 Disussion Paper Regulation of Non-ommerial Operations Involving Frational Ownership and Management Companies 5.4 Option 4 Air Operator Certifiate for Both Frational Ownership Operators and Management Companies Safety Requiring an air operator ertifiate would ensure an equivalent regulatory safety oversight for non-ommerial operations as is provided for ommerial operators. This level of safety oversight would be far in exess of that applied to non-ommerial operations in other areas of the world and ontrary to international standards established by ICAO. This option does not reognize the safety responsibilities of the owner whih is a fundamental priniple for regulating non-ommerial operations in the international Standards and Reommended Praties. There appears no justifiation for imposing ostly new regulatory provisions on an industry that has an exellent safety reord. Eonomi The frational ownership program managers and airraft manage ompanies would inur substantial osts assoiated with meeting the initial air operator ertifiate issue requirements and the ost assoiated with ongoing regulatory surveillane. These osts ould have a very signifiant negative impat on this non-ommerial aviation setor. There would also be signifiant ost inreases to NAAs. Environmental No environmental impat. Soial There ould be signifiant negative soial impat if this non-ommerial aviation setor were subjeted to signifiant ontration. Other aviation requirements The requirement for an air operator ertifiate would be anomalous to other aviation regulatory requirements in Europe. Foreign omparable regulatory requirements The requirement for an air operator ertifiate is signifiantly in exess of the requirements in the USA and in international Standards and Reommended Praties and would have a detrimental effet in efforts to ahieve a level playing field. Equity and fairness issues The requirement for an air operator ertifiate for non-ommerial operations would be unfair to owners and inequitable to other similar non-ommerial ativities. OPS.001 Non-ommerial Sub-group page - 8 draft of May 13, 2007

12 Disussion Paper Regulation of Non-ommerial Operations Involving Frational Ownership and Management Companies 6. Conlusions and Reommendations Needs to be further developed. Based on the onsiderations disussed in the RIA it would appear appropriate that a requirement be inluded in OPS Part 2 for a rudimentary ertifiation proess for non-ommerial frational ownership operations and that non-ommerial operations involving management ompanies be subjeted to delaration requirements like other non-ommerial operations onduted by the owners of airraft. It would also appear to be appropriate that the ertifiation requirements for frational operations generally follow the priniples ontained in FAR Part 91 Sub-part K. It is reommended that this ourse of ation be aepted by the Authority Requirements and SMS Sub-group and the Non-ommerial Operation with Complex Motor-powered Airraft Sub-group of the OPS.001 Rulemaking Group and that the assoiated regulatory requirements and guidane material be developed. OPS.001 Non-ommerial Sub-group page - 9 draft of May 13, 2007

13 OPS.001 MoM 15-16/05/2007 European Aviation Safety Ageny TASK OPS.001 RULEMAKING GROUP SUBGROUP NON-COMMERCIAL OPERATIONS WITH COMPLEX MOTOR-POWERED AIRCRAFT MEETING MINUTES OF 15 MAY 2007, H H 16 MAY 2007, H 11:45 H EASA PREMISES, COLOGNE Attendees: Karl Brady (KBR), ECA Douglas Carr (DCA), GAMA Mike Hamlin (MHA), ECOGAS (15/05) Josef Maurer (JMA), ETF Dik Nederlof (DNE), CAA Netherlands Geoff Parker (GPA), UK CAA Jaob T. Pedersen (JTP), IAOPA Maro Pereira (MPE), Netjets (observer) Ray Rohr (RRO), EBAA Daniela Defossar (DDE), EASA Rulemaking Offier Betty Leouturier (BLE), EASA Rulemaking Offier (15/05 afternoon) 1. The subgroup reviewed the proposed agenda. The review of the FTL WP and delaration requirements and assoiated AMC/GM material was deferred to the next meeting. An agenda item abin rew to review GPAs omments was added. The agenda was adopted with these hanges. 2. RRO debriefed the subgroup on the ore group pre-briefing mentioning the latest developments in the legislative proess and the disussion on ertifiation of ommerial A to A flights. 3. The minutes of the last meeting and ation item list were reviewed. The meeting minutes were adopted without further hanges. 4. The subgroup disussed the WP on the ertifiation of management ompanies. RRO had re-drafted the paper to distint between a ertifiation of a frational ownership programme management omparable to FAR 91K and no ertifiation requirement for management organisations managing the airraft on behalf of one airraft owner. The subgroup had a long disussion whether or not this distintion ould be made and how ertifiation ould be addressed. The good safety reord of operations involving management organisations was mentioned and therefore the diffiulty to justify any form of ertifiation. However, in the situation of frational ownership operations where the owners may have limited influene on the operation, it was agreed that there may be some Page 1 of 7

14 OPS.001 MoM 15-16/05/2007 justifiation for ertifiation. It was also thought that this would establish one level of safety between the US and Europe. Some group members voied onerns as the ownership is not the determining fator but the question on who has operational ontrol. It was finally agreed that the management organisation in reality has operational ontrol of the operation and a distintion between frational ownership programme management and management organisations managing the airraft on behalf of one airraft owner ould not be made. It was reognised as well that the owner always keeps some responsibilities. It was also noted that the definition of ommerial operation in both the Commission and Counil proposals does not differentiate between frational ownership operations and any other form of managed operations. Consequently, it was agreed that the rules appliable to frational ownership operations and other forms of managed operations will have to be the same. One alternative is to have the management organisation subjet to prior approval similar to the FAR 91K management speifiation, and the seond is a delaration for these operations as is proposed for other nonommerial operations. RRO will re-draft the working paper and distribute it to subgroup members. Subgroup members are asked to develop the RIA further. In the paper management organisation will be defined as any legal or natural person operating or proposing to operate the airraft on behalf of the airraft owner. 5. The subgroup disussed GPAs omments on the abin rew requirements and AMC/GM. Paragraphs on number and omposition of abin rew, familiarisation and heking were hanged. DDE was asked to follow up on these hanges and finalise the wording. BLE will hek with ertifiation experts on the requirements for an emergeny evauation demonstration in ase of STCs. 6. The subgroup disussed the OM template presented by JTP. The template is based on JAR-OPS 1 Subpart P adapted to small nonommerial operations and takes into aount elements of the CAME. Subgroup members agreed that the template should be onsidered as guidane material ontaining a short desription on the ontents similar to the CAME. However, the level of detail will be brought to the ore group for disussion and oordination with other subgroups. Regarding FTL, DCA will provide further guidane material. The FTL text should then be moved to FTL AMC/GM. For the work on the hapter desriptions, JTP will alloate hapters to subgroup members for review and drafting. It was deided at the meeting that RRO addresses the management system and DCA seurity. 7. The subgroup was asked to review Subpart N of the OPS-FCL task fore and to send any omments to DDE before the end of May. ACTION LIST Page 2 of 7

15 OPS.001 MoM 15-16/05/2007 No. Meeting No. / Date /11/ /11/ /11/ /11/ /11/ /11/ /11/ /11/ /11/ /11/ /12/ /12/06 Task Resp. Timeframe Status Presentation on IS-BAO Cirulate meeting doumentation of last meeting of the ECAC Task Fore on frational ownership Put link to FAR 91 Subpart K on ira website Prepare WP on the basis of JAR-OPS 0 and 2 Distribute opy of ICAO Annex 6 Part II proposal NBAA Management Guide to be put on ira Presentation on FAR 91K and on ICAO disussions when drafting the proposal Annex 6 II regarding frational ownership Chek ICAO SARPs for approval requirements Condut RIA on requirements regarding determination of mass Review JAR-OPS 1 Subparts Review draft JAR- OPS 2 Subpart J and draft a proposal for the OPS 2 rule Clarify equivalent standard to FCL RRO Meeting /11/ /12/06 DDE asap DDE asap RRO+ DDE Meeting /11/2006 RRO asap DDE asap DCA Meeting /01/2007 DDE asap Group Meeting /12/2006 See ation item 11. GPA, DCA, DDE, JTP, JMA Meeting /12/2006 RRO Meeting /01/2007 DDE Meeting /01/2007 Page 3 of 7

16 No. Meeting No. / Date /12/ /12/ /12/ /12/ /01/ /01/ /01/ /01/ /01/ /01/ /01/ /01/07 OPS.001 MoM 15-16/05/2007 Task Resp. Timeframe Status Redraft OPS 2 requirements regarding the ontent and struture of an OM Review EU-OPS Subpart Q and draft proposal for OPS 2; present FTL shemes Cirulate IS-BAO heklist for guidane material ICAO ross referene list Forward request on additional membership to ore group Address the issue of legal harter within the nonommerial rules to ore group Draft requirements on frational ownership based on FAR 91 K Cosmi radiation detetion equipment: hek EU Diretive Internal doors and urtains: hek against CS Crash axes and rowbars: soure M&B WP: inorporate omments for next meeting OM WP: inorporate omments for next meeting RRO Meeting /01/2007 RRO Meeting /01/2007 RRO asap DDE Meeting /01/2007 RRO asap RRO asap DCA/ DDE Meeting 5 DDE Meeting 56 KBA Meeting 5 All Meeting 57 RRO/ DDE RRO/ DDE Meeting 5 Meeting FTL WP: RRO/ Meeting 5 Page 4 of 7

17 OPS.001 MoM 15-16/05/2007 No. Meeting No. / Date Task Resp. Timeframe Status 09-10/01/07 inorporate DDE omments for next meeting Seurity WP: RRO/ Meeting /01/07 inorporate omments for next meeting DDE Draft WP on abin rew RRO Meeting Chek CS 23 regarding the means for emergeny evauation Review Delaration WP for next meeting Forward paragraph on SOP to authority subgroup to onsider for SMS Draft requirements for OPS 2 aording to disussion on ICAO ross referene list Draft WP on operations with involvement of management ompanies KBA Meeting 6 All Meeting 6 DDE asap DDE Meeting 6 GPA/ JTP Meeting 6 Draft WP on DG DDE Meeting 67 Forward Delaration WP and WP on operations involving management ompanies to Authority Subgroup and request joint meeting for April Insert abin rew WP into OPS 2 DDE asap DDE Meeting 7 Page 5 of 7

18 No. Meeting No. / Date OPS.001 MoM 15-16/05/2007 Task Resp. Timeframe Status template Part OPS 2 template: reflet subgroup disussions; hek requirements against ER; prepare a ross referene with ICAO Annex 6 III heliopter general aviation Preview and prepare AMC/GM material Invite Mr. Maro Pereira, Netjets for April/May meeting Prepare WP for management speifiation Draft requirements and AMC/GM material for authorities and OPS 2 Part based on the 2 WP from the nonommerial subgroup Review Canadian GM material for use as AMC/GM for OPS 2 Prepare WP on OM template for small operations DDE Meeting 7 RRO/ DCA/ GPA/ KBR/ JTP/ DNE/ DDE Meeting 7 DDE Meeting 7 RRO Meeting /05/2007 LCR/ DDE Meeting /05/2007 Meeting /06/2007 DDE Meeting /06/2007 JTP Meeting /05/ Follow-up on MAPS DDE Meeting /05/ Review FTL text RRO Meeting 8 o 15-16/05/2007 Meeting /06/ /05/2007 Reflet subgroup disussions in RRO asap o o o Page 6 of 7

19 No. Meeting No. / Date /05/2007 OPS.001 MoM 15-16/05/2007 Task Resp. Timeframe Status Certifiation WP Develop RIA of Certifiation WP further /05/2007 Follow up on abin rew disussions Review and 15-16/05/2007 develop desriptions for OM template /05/2007 Review Subpart N WP and provide omments all Meeting /06/2007 DDE/ BLE Meeting /06/2007 all, as Meeting 9 alloated 26-27/06/2007 by JTP all before end of May o o o o DDE 16/05/2007 Page 7 of 7