EASA’s Ideas for Enabling Innovative Air Mobility

On 30 June 2022, the European Union Aviation Safety Agency (EASA) published their Notice of Proposed Amendment NPA 2022-06. With this NPA, EASA adds to the growing regulatory framework for unmanned aerial systems (UAS) and for aircraft capable of vertical take-off and landing (VTOL). EASA argues that its new rules, if adopted by the legislator, would enable innovative air mobility.

A legislative draft does not yet reflect the law of the land. But many in the aviation industry will want to know how, if at all, future new rules might impact their business.

What does the NPA 2022-06 say?

With their NPA 2022-06, EASA proposes new rules covering initial airworthiness and continuing airworthiness, air operations, flight crew licensing and the rules of the air. The draft rules regarding airworthiness, both initial and continuing, concern unmanned aircraft systems (UAS), while amendments to existing regulations are proposed with a view to aircraft capable of vertical take-off and landing (VTOL).

EASA explains that the amendments that they drafted aim at enabling what EASA terms “innovative air mobility”. For EASA, this includes innovations in technology as well as innovations in the wider field of air services.

EASA leaves the NPA 2022-06 open for comments until 30 September 2022.

Amendments with regard to Airworthiness

EASA explains that with regard to the initial airworthiness of unmanned aircraft, they propose amendments to Commission Regulation (EU) No 748/2012 which lays 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 organizations. EASA’s idea is to have Part-21, which is the Annex of Regulation (EU) 748/2012, apply to unmanned aircraft including what EASA now more specifically terms the “command unit” and its components.

The draft includes the following amendments to Article 1 of Regulation (EU) 748/2012:

“2. For the purpose of this Regulation, the definitions in Regulation (EU) 2018/1139 apply. The following definitions also apply: […]

(c) ‘Part 21’ means the requirements and procedures for the certification of aircraft and related products, parts, appliances, command units and command unit components, and of design and production organisations laid down in Annex I to this Regulation; […]

(l) ‘command unit’ means the equipment or items of equipment to control unmanned aircraft remotely, as defined in Article 3(32) of Regulation (EU) 2018/1139, which ensures the control or monitoring of unmanned aircraft during any phase of flight; the command unit does not include any ground-, air- or space-based equipment or items of equipment that support(s) the command and control (C2) link service;

(m) ‘command unit component’ means any element of the command unit;

(n) ‘command unit installation’ means the process to integrate the command unit elements in a physical environment that is eligible for that purpose according to a set of installation and testing instructions, such that the installed command unit may be used to operate an unmanned aircraft.”

EASA explains that the same definitions should apply throughout all aviation regulations. With regard to the further amendments that EASA suggests in their NPA, the Agency highlights that unmanned aircraft systems (UAS) in the “specific” category high risk are subject to an operational authorisation and not to a permit to fly, but that in case of an invalid or not-yet-issued certificate of airworthiness, the approval of flight conditions shall be required under the draft amendment to 21.A.708.

Concerning the continuing airworthiness of unmanned aircraft, EASA proposes a complete new regulation, arguing that such is required under Regulation (EU) No. 2018/1139 of the European Parliament and of the Council (often called the “Basic Regulation”). However, EASA points out that the rules in this new regulation, and specifically the annexes Part-ML.UAS and Part-CAO.UAS, have been drafted on the basis of the existing rules for the continuing airworthiness of manned aircraft.

EASA explains that their two draft annexes apply to high-risk operations in the “specific” UAS category only, with Part-ML.UAS laying down the continuing airworthiness standards to be met by the UAS, while Part-CAO.UAS lays down the organisational requirements for the entity responsible for actually implementing the continuing airworthiness requirements. EASA announces that further NPA will follow in the future, where the Agency will make proposals for the continuing airworthiness requirements for the “certified” category of UAS.

Finally, EASA proposes amendments to Regulations (EU) 2019/945 and 2019/947, particularly with a view to stipulating the conditions under which an unmanned aircraft shall require a certificate of airworthiness.

Amendments with regard to Air Operations and Rules of the Air

With NPA 2022-06, EASA also proposes amendments to Commission Regulation (EU) No 965/2012 which lays down technical requirements and administrative procedures related to air operations. EASA’s draft amendment to Article 1 of Regulation (EU) 965/2012 reads as follows:

“8. This Regulation lays down detailed rules for innovative air mobility (IAM) operations with VTOL-capable aircraft referred to in points (b)(i) and (ii) of Article 2(1) of Regulation (EU) 2018/1139.”

As regards the definitions, EASA’s draft includes the following amendments to Article 2 of Regulation (EU) 965/2012:

“(1a) ‘rotorcraft means a power-driven, heavier-than-air aircraft that depends principally for its support in flight on the lift generated by up to two rotors;

(1aa) ‘helicopter’ means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on up to two power-driven rotors on substantially vertical axes; [...]

(12) ‘innovative air mobility (IAM) operations’ means commercial and non-commercial operations with VTOL-capable aircraft in congested (urban) and non-congested areas;

(13) ‘VTOL-capable aircraft’ means a power-driven, heavier-than-air aircraft, other than aeroplane or rotorcraft, capable of performing vertical take-offs and landings by means of lift or thrust units used to provide lift during the take-off and landing; [...]”

As becomes apparent, EASA is mostly concerned with integrating operations with unmanned aircraft and VTOL-capable aircraft into the aviation environment, weaving new rules into the net of existing regulations and expanding the application of existing principles and requirements. In addition to a variety of amendments to Part-ARO, Part-ORO and Part-SPA (all existing annexes of Regulation (EU) 965/2012), EASA proposes to add a completely new Part-IAM. This new annex to Regulation (EU) 965/2012 will stipulate the rules applicable to commercial and non-commercial air transport of passengers and/or cargo with VTOL-capable aircraft. Many aspects just repeat existing operational rules, such as the requirement of an air operator certificate and the responsibilities of the operator. However, the operational requirements differentiate depending on whether the VTOL-capable aircraft is operated into congested areas or only in non-congested areas, and include rules pertaining to manned and to unmanned configuration, as well as concerning the transportation of passengers and of cargo.

EASA’s approach with regard to the rules of the air is similar. EASA proposes amendments to Commission Regulation (EU) No 923/2012 which lays down the common rules of the air and operational provisions regarding services and procedures in air navigation. Again, the proposed amendments include the new definitions for rotorcraft, helicopters, and for VTOL-capable aircraft. Further, EASA introduces use of the term “fuel/energy” where they find it useful and appropriate to reflect the fact that VTOL-capable aircraft are expected to be electrically powered. EASA makes several other proposals, such as including the requirement that flight information service must include information on unmanned aircraft (SERA.9005). EASA leaves no doubt that helicopters and VTOL-capable aircraft may elect to take off or land at places other than an aerodrome, and specifically introduces several amendments to reflect this situation.

Amendments with regard to Flight Crew Licensing

Finally, in what may well be one of the most important aspects of NPA 2022-06, EASA introduces draft amendments to Commission Regulation (EU) No. 1178/2011 which lays down technical

requirements and administrative procedures related to civil aviation aircrew. EASA suggests what they call a “bridging solution”, adding a new Article 4f that, in EASA’s own words,

“will allow holders of commercial pilot licences for aeroplanes or helicopters (CPL(A) and CPL(H)) to be issued with a VTOL-capable aircraft type rating that will be endorsed on their CPL(A) or CPL(H), after having completed a type-rating training in accordance with the applicable [operational suitability data]. Draft Article 4f will comprehensively address type-rating including revalidation and renewal, privileges for flying under instrument flight rules (IFR), as well as related instructor and examiner privileges. This solution (VTOL-capable type ratings for existing CPL(A) and CPL(H) holders) will serve as a bridging solution while the comprehensive Part-FCL framework is not yet in place, but it is also planned to keep the content of Article 4f as a permanent arrangement: CPL(A) and CPL(H) holders […] will be able to add a VTOL-capable type rating to their existing licence.”

Does EASA enable innovation?

All in all, then, with the amendments proposed by EASA in their NPA 2022-06, there certainly are some elements that may justify a hope for a legal environment that enables for innovation and new ideas in aviation. In particular, EASA’s approach to relatively easily allow operations with VTOL-capable aircraft may actually be a good reason to call these “innovative air mobility operations”.

On the other hand, and particularly with a view to unmanned aircraft, new rules and regulations have been on the way for a long time already – and that is certainly not conducive to innovation and investment in new technologies. Generally, therefore, the picture is not completely clear. Many will, and rightly so, praise EASA for their openness to new technologies and business models. Some might, however, argue that what is really missing is not a spider’s net of new rules, but the much bolder step of reducing and simplifying existing regulations and requirements to allow for more freedom.